How Comparative Fault Affects Personal Injury Claims in South Carolina

When navigating a personal injury claim in South Carolina, understanding the concept of comparative fault is crucial. South Carolina follows a “modified comparative fault” rule, which can directly impact the amount of compensation you receive in a personal injury case. At CFJ Injury Lawyers, we have over 40 years of experience helping clients in the North Charleston area understand these complex legal principles and fighting to secure the compensation they deserve. In this article, we’ll break down the shared liability rules, their practical implications for personal injury claims, and how our team can help you every step of the way.

What Is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal principle used to determine how much responsibility each party bears in an accident. Under South Carolina’s modified comparative fault rule, an injured party can recover damages as long as their share of fault is 50% or less. If your percentage of fault exceeds 50%, you are barred from receiving compensation.

For example:

• If you are found to be 20% at fault for an accident and your total damages are $100,000, you would receive $80,000 (total damages minus your 20% fault).
• If you are 51% or more at fault, you would not be eligible to recover any damages under South Carolina law.

Key Aspects of Comparative Fault in South Carolina

1. Determining Fault

   • Fault is typically assigned by insurance adjusters, attorneys, or courts based on the evidence, witness statements, police reports, and expert testimony.
   • South Carolina law allows for multiple parties to share liability, which can complicate the claims process.

2. Impact on Personal Injury Compensation

   • Even if you bear partial responsibility, you can still recover damages, as long as your fault does not exceed 50%.
   • The percentage of fault assigned to you will proportionally reduce the amount of compensation you are entitled to receive.

3. Role of Legal Representation

   • Having an experienced personal injury attorney, like those at CFJ Injury Lawyers, can help ensure that fault is assigned fairly and that you are not unfairly burdened with a higher percentage of blame.

How CFJ Injury Lawyers Can Help

At CFJ Injury Lawyers, we understand that dealing with a personal injury claim can be overwhelming, especially when comparative fault rules come into play. Here’s how our team can assist you:

• Comprehensive Case Evaluation:

We start by conducting a thorough review of your case to understand all the details and identify potential issues related to liability.

• Strong Evidence Gathering:

Our team will gather and analyze evidence such as medical records, police reports, witness statements, and expert opinions to build a compelling case on your behalf.

• Fault Negotiation:

Insurance companies often attempt to assign a higher percentage of fault to reduce their payouts. Our attorneys, including Catherine F. Juhas and Eric Saleme, are skilled negotiators who will advocate for a fair determination of fault.

• Client-Centered Approach:

With decades of experience and numerous client testimonials highlighting our dedication and professionalism, you can trust us to keep your best interests at the forefront.

Why Choose CFJ Injury Lawyers?

With over 40 years of experience serving the North Charleston community, CFJ Injury Lawyers has established itself as a trusted name in personal injury law. Here’s why we’re the right choice for your case:

• Experienced Attorneys:

Catherine F. Juhas, a cum laude graduate of the Charleston School of Law, is licensed to practice in multiple states and has a track record of successfully handling complex personal injury cases. Eric Saleme, fluent in Spanish, brings years of experience and a dedication to serving the Latin-American community.

• Proven Results:

Our clients’ testimonials speak volumes about our ability to deliver favorable outcomes. From Randy Ayala’s satisfaction with two cases to Micah Fahner’s gratitude for our unwavering support during an 18-month recovery, we’ve consistently exceeded expectations.

• Community Commitment:

Whether it’s through pro bono services or Spanish-language support, we’re committed to making legal representation accessible to everyone in our community.

Comparative Fault in Action: South Carolina Statistics

According to the South Carolina Department of Public Safety, there were over 59,000 reported traffic collisions in 2022, many of which involved shared liability between parties. These accidents resulted in thousands of personal injury claims, where the modified comparative fault rule played a significant role in determining compensation.

• In South Carolina, approximately 25% of all collisions involve disputed liability, making it essential to have strong legal representation to argue your case effectively.
• Additionally, accidents involving pedestrians and cyclists often result in shared liability disputes, highlighting the importance of understanding your rights under the law.

FAQs About Comparative Fault in South Carolina

Q: What happens if multiple parties are at fault?

A: If multiple parties share fault, South Carolina law allows damages to be divided based on each party’s percentage of liability. This means you can pursue compensation from other parties, even if you are partially at fault.

Q: How does comparative fault impact insurance claims?

A: Insurance adjusters often use the comparative fault rule to reduce payouts. This makes it critical to work with an attorney who can advocate on your behalf and challenge unfair fault assignments.

Q: Can I still recover damages if I am partially at fault?

A: Yes, as long as your percentage of fault does not exceed 50%, you can recover damages. However, your compensation will be reduced by the percentage of fault assigned to you.

Q: How can CFJ Injury Lawyers help with my case?

Our team will thoroughly investigate your case, gather evidence, and negotiate with insurance companies to ensure fault is assigned fairly. With a deep understanding of South Carolina’s modified comparative fault rule, we strive to maximize your compensation.

Take Action Today

If you’ve been injured in an accident and are navigating the complexities of South Carolina’s comparative fault system, the experienced team at CFJ Injury Lawyers is here to help. We have the knowledge, resources, and dedication to guide you through every step of the process. Contact us today for a free consultation to discuss your case and explore your legal options. With CFJ Injury Lawyers by your side, you can focus on your recovery while we handle the legal complexities.

We also offer services in Spanish to better serve the Latin-American community.