Posted by Michael Melonakos on October 24, 2024 in Personal Injury
Modified comparative negligence is the legal concept South Carolina uses to attribute legal liability to the parties involved in negligence cases. South Carolina’s modified comparative negligence rule allows accident victims to recover damages even if they were partially responsible for the incident.
Under South Carolina’s modified comparative negligence rule, victims can recover compensation if they are 50 percent or less at fault for the accident. However, it also reduces their recoverable compensation by a percentage equal to their degree of fault.
How Modified Comparative Negligence Works in SC
To understand comparative negligence laws in South Carolina, we need to examine the different ways negligence impacts personal injury claims across the country. Some states use contributory negligence, some use pure comparative negligence, and others, like South Carolina, use modified comparative negligence.
- Contributory negligence rules prevent victims from recovering compensation if they are even 1 percent at fault for their injuries.
- Pure comparative negligence rules allow victims to recover the percentage of compensation for which they aren’t at fault. Even if they are 99 percent at fault, they theoretically could recover the remaining 1 percent of their compensation from the other party.
- Modified comparative negligence allows victims to recover the percentage of compensation for which they aren’t at fault up to a limit. In South Carolina, that limit is 50 percent. If you are more than 50 percent at fault for your injuries, the courts will bar you from recovering compensation.
In practice, South Carolina’s modified comparative negligence law means if you are 20 percent at fault for your injuries, you could recover 80 percent of your compensable losses. For example, let’s say you were 20 percent at fault for a car accident because you were speeding, but the other driver was 80 percent at fault because they ran a red light. In this scenario, if your compensable losses were $100,000, you could receive $80,000.
Insurance companies may also try to assign fault for not wearing a seat belt. Learn more about whether not wearing a seatbelt can ruin your injury case in South Carolina.
Determining Fault for Accidents in South Carolina
Determining fault is essential in South Carolina personal injury cases because of its significant impact on compensation. Some ways your attorney could prove fault include:
- Eyewitness testimony – Eyewitness statements could back up your claim that the other party was primarily at fault.
- Physical evidence – Physical evidence from the accident scene, such as photos of a tripping hazard in a trip-and-fall case, can prove fault.
- Expert testimony – Crash reconstruction specialists and other experts can provide testimony that assists in proving fault.
- Admissions of fault – If one party admits fault to the police or an insurance company, the other side may use their statement as proof of fault.
The Importance of Legal Representation in Handling Comparative Negligence Issues
It’s essential to seek legal counsel in personal injury cases so your attorney can handle any comparative negligence issues that arise. Your attorney will assist by:
- Investigating the incident to identify liable parties and gather evidence supporting their liability
- Refuting your degree of fault with evidence in settlement negotiations with the insurance company
- Presenting evidence in court that demonstrates how the other party is solely or primarily responsible for your injuries.
If you suffered an injury caused by someone else’s negligence or wrongdoing in South Carolina, contact The Melonakos Law Firm for a free consultation with an experienced attorney. Our law firm is ready to assist you with every aspect of your case, including fighting back to minimize or eliminate arguments that you were at fault for your injuries.
Attorney Michael Melonakos is the founder of The Melonakos Law Firm, where he concentrates his practice on personal injury matters, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, nursing home abuse, workers’ compensation, and more. The law firm’s efforts have secured more than $50 million for injured people.
Before founding his own law firm focused on representing plaintiffs in personal injury claims, Michael worked for a decade at two of Atlanta’s leading insurance defense law firms. He is licensed to practice law in both South Carolina and Georgia.
Michael earned his law degree from the University of Georgia and his undergraduate degree from Michigan State University. He is an active volunteer with the Greenville Bar Association.
Admitted to South Carolina Bar: 2012
Admitted to Georgia Bar: 2008
Years of Legal Experience: 18
Listed as a Rising Star by Super Lawyers: 2019-2023
