Imagine you’re driving through Charleston, obeying traffic laws, when suddenly—BAM!—another driver crashes into you. You’re injured, your car is damaged, and now you’re dealing with medical bills and insurance claims. But what if the other driver claims you were partially at fault? This is where comparative negligence comes into play.

What is Comparative Negligence?

If you’ve never heard of comparative negligence, you’re not alone. In simple terms, it’s a legal principle that determines how much compensation you can receive in a personal injury case—even if you were partially at fault for the accident.

Think of it like splitting the blame pie. If you’re found to be 30% responsible, your compensation will be reduced by 30%. This ensures that injured parties can still recover damages, but only for the portion of the accident they didn’t cause.

How Does South Carolina’s Comparative Negligence Law Work?

Before 1988, South Carolina followed a much harsher rule called contributory negligence, which meant if you were even 1% at fault, you couldn’t recover anything. That was unfair, so the state switched to a comparative negligence system.

Under South Carolina comparative negligence law:

• You can recover damages as long as you are not more than 50% responsible for the accident.
• If you’re 51% or more at fault, you lose the right to seek compensation.
• Your total compensation is reduced based on your percentage of fault.

For example, let’s say you’re awarded $100,000 in damages, but you’re found to be 20% responsible for the accident. That means you’ll walk away with $80,000 instead.

Why Comparative Negligence Matters in Personal Injury Cases

This rule applies to all sorts of personal injury cases, including:

• Car accidents – Who had the right of way? Were both drivers distracted?
• Slip and fall injuries – Did the business warn customers about the wet floor?
• Medical malpractice – Did a doctor’s mistake contribute to your injuries?
• Workplace accidents – Were safety protocols followed?

Determining fault isn’t always clear-cut, which is why insurance companies love to use comparative negligence to their advantage. The more blame they can put on you, the less they have to pay. That’s why you need a solid legal strategy to fight back.

How to Prove You Deserve Compensation

To maximize your settlement, you need strong evidence, such as:

• Witness statements confirming the other party’s negligence
• Police reports that detail the accident scene
• Surveillance footage or dashcam recordings
• Medical records linking your injuries to the incident
• Expert testimony to support your case

Insurance companies will look for any excuse to minimize your claim. An experienced personal injury attorney can build a case that highlights the other party’s negligence while minimizing your own liability.

Don’t Let Insurance Companies Take Advantage of You – Contact Brewer Law Firm Today!

If you or a loved one has been injured in Charleston, don’t navigate the legal system alone. Brewer Law Firm has helped countless victims fight for the compensation they deserve under South Carolina comparative negligence laws. We’ll handle the legal battle so you can focus on healing.

Contact us today for a consultation and let’s discuss your case. The sooner you act, the stronger your case will be!

Disclaimer: This blog post provides general information and should not be considered legal advice. Please consult with our attorneys to discuss your specific situation.