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Understanding Comparative Negligence in Personal Injury Lawsuits
Personal injury lawsuits often involve complex scenarios with more than one contributing factor. This can make determining who is at fault and, therefore, liable for the accident challenging. The more complicated the accident, the more contributing factors there could be. When faced with this situation, you may wonder if you still have any legal standing to file a personal injury lawsuit if you were partially at fault. In South Carolina, the answer is yes, as long as your responsibility for the accident was less than 51 percent.
What Does Comparative Negligence Mean?
The concept of comparative negligence is a legal doctrine that allows plaintiffs who were partially at fault for their accidents to pursue compensation from the other party, but it means that any damages awarded will be reduced accordingly. In pure comparative negligence states, the victim can recover compensation if the other party is at least 1 percent at fault. However, South Carolina follows a less extreme model called the modified comparative negligence rule.
In modified comparative negligence states, victims can seek compensation for their injuries and damages if they were less than 51 percent at fault for the accident. Situations where there are only two parties are the simplest, but it’s also possible for multiple people to be involved and, therefore, multiple defendants. When that happens, more complex parts of the law, such as the Uniform Contribution Among Tortfeasors Act, may come into play. If you were injured in an accident that involved multiple parties, it’s important to get counsel from an experienced personal injury attorney to ensure you understand what your rights and options are to get the maximum amount of compensation possible.
How Is Percentage of Fault Determined?
Because so much of a personal injury claim hinges on the percentage of fault ascribed to the different parties, it’s essential to understand how this is determined. In cases involving car accidents, truck accidents, pedestrian accidents and the like, many people are under the mistaken impression that whoever gets a citation at the scene is at fault. In reality, determining fault is a much more complex process.
Police officers generally have limited information to draw from when they arrive on the scene of an accident. It can be difficult or impossible at this point to determine with certainty who was at fault. The officers will talk to those involved and any witnesses who may have remained at the scene and decide who is getting a ticket. When we’re talking about legal liability, however, this is usually determined by the insurance companies after a more in-depth analysis that may even include an accident reconstruction. The insurance company looks at all the evidence, including the police reports and photos, to determine what happened and who was at fault.
It can also be more challenging to determine fault in other types of personal injury cases, such as medical malpractice, dog bites, and slip-and-fall accidents.
How Comparative Negligence Affects Compensation Awards in Personal Injury Cases?
One of the most important things to be aware of when it comes to South Carolina’s modified comparative negligence rule is how it can affect how much you actually end up with if you win your case. According to this rule, the amount of damages you’re awarded can be decreased by your percentage of fault, which can have a significant effect on how much money you actually take home. Consider the following example.
You were the victim of a car accident where you were determined to be 30 percent at fault. The court awards you damages in a total of $75,000. However, because 30 percent of the liability was yours, the award amount is decreased by that same percentage. This means that you only end up with $52,500 before any attorney fees or other expenses.
How Do You Prove Liability in a Personal Injury Case?
From the above examples, it’s easy to see why proving liability and negligence are such key components of a successful personal injury claim. If your case goes to trial, your attorney will be focused on establishing these basic four tenets of a personal injury claim:
- The defendant had a duty of care to the plaintiff. In cases involving auto accidents, this is easy to prove because all motorists have a duty of care to everyone else on the road. This is also easily established in situations such as nursing home abuse or medical malpractice
- The defendant breached the duty of care. The plaintiff must prove that the defendant was negligent and failed to act in a manner that upheld that duty of care
- The defendant’s negligence caused the accident. This is where it can get complicated if more than one party is determined to share fault. Your attorney will provide evidence and testimony to show that the defendant carried the larger share of fault and that their actions were the primary cause of the accident
- The plaintiff suffered damages as a result. If you were injured and sustained financial losses or pain and suffering as a result of an accident where someone else was mostly at fault, you are entitled to compensation
While the above may seem simple enough, proving all of these aspects in court requires a deep understanding of South Carolina laws and experience in the civil court system. When you work with the attorneys at Schiller & Hamilton Law Firm, you get the benefit of both. If you have questions about your rights as an accident victim or what your next steps should be, call 803-902-4583 to speak to a member of our team.
