If you have been seriously injured due to someone else’s negligence, you may consider pursuing legal action against the responsible party to seek compensation for endured damages. However, you may be unaware of how complex navigating the claims process can be. Don’t hesitate to contact a trusted Chesterfield County Personal Injury Lawyer who can help you fight for the compensation you deserve and need. Please continue reading to learn the negligence statute that South Carolina follows and how it can impact your case.
What is the Negligence Statute in South Carolina?
It’s important to understand that every state in the U.S. follows one of two negligence statutes. The first is contributory negligence. Under this legal doctrine, a plaintiff is barred from recovering damages if they contributed in any way to the cause of the accident. This is true even if a plaintiff is only 1% at fault for the accident. The other negligence statute is comparative negligence.
Some states subscribe to a pure comparative negligence rule in which a plaintiff can recover damages even if they are 99% at fault for the cause of the accident that caused their injuries. However, South Carolina has adopted the modified comparative negligence doctrine. This means that a plaintiff can still recover compensation for their endured damages if they are partially at fault for the accident. In South Carolina, courts follow the 51% rule in which a plaintiff can only recover damages if they are 50% or less at fault for the accident. If a plaintiff is eligible for compensation under this rule, their award will be reduced by their degree of fault.
How Will This Affect My Case?
Unfortunately, the negligence statute South Carolina follows can have a significant impact on the outcome of your personal injury case. Depending on your degree of fault for the accident, it can limit compensation or even prevent you from recovering damages altogether. For instance, if you are awarded $100,000 for your damages but are assigned 30% blame for the accident, your compensation would be reduced by 30% to $70,000. As mentioned above, your compensation will be reduced by your percentage of fault for the accident. If you are found more than 50% at fault, you will face the absolute bar of recovery.
That said, it’s in your best interest to connect with a seasoned attorney as soon as possible. They can help you investigate the circumstances of the accident and gather evidence to demonstrate that you were not negligent in causing the collision. At the Cockrell Law Firm, P.C., we are prepared to assist you through every phase of the legal process to come. Connect with us today to learn how we can fight for you.
