If you have been involved in an accident in South Carolina, filing a personal injury claim becomes a natural way to seek compensation and cover your medical bills. However, things can become a bit tricky when you realize that you are partly at fault for the accident.
So, can you still file a personal injury claim in South Carolina if you are partly at fault? The answer may not be as straightforward as you can expect.
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The "Comparative Negligence" Rule in South Carolina
In South Carolina, the system of "modified comparative negligence" applies to personal injury claims. This means that if you share some degree of fault for the accident, you may still be eligible to receive compensation for the damages you suffered. However, the amount of compensation you receive will be reduced according to your degree of fault in the accident.
If you contributed to the accident in any way, the courts may determine your fault as a percentage. This means that if you were 20% at fault for the accident, you may only receive 80% of the compensation that you would have received if you were not at fault at all.
Proving Fault in a Personal Injury Claim
In South Carolina, in order to recover damages in a personal injury claim, you must prove that someone else was primarily at fault for the accident. This is typically done through a process of gathering evidence, which may include witness testimony, police reports, and medical records.
If you were partially at fault for the accident, your evidence must show that the other party was primarily responsible for your injuries. This can be challenging, but a skilled personal injury attorney can help you build a strong case that supports your claim.
How to File a Personal Injury Claim in South Carolina
If you were involved in an accident in South Carolina, and you believe someone else was at least partially responsible for your injuries, you may be eligible to file a personal injury claim. Here’s what you need to do:
1) Seek Medical Attention
The first thing you should do after an accident is to seek medical attention. Even if you don’t think you were seriously injured, it’s important to get checked out by a medical professional. If you have any injuries, make sure you keep records of your medical treatment, including any doctor’s notes and receipts for medical bills.
2) Document the Accident
Take photos of the accident scene, including any damage to your vehicle or property. If there were any witnesses, get their contact information and ask if they would be willing to provide testimony.
3) Report the Accident
Notify the police and your insurance company about the accident. Make sure you provide accurate information, and avoid admitting fault or making any statements that could be used against you in court.
4) Contact an Attorney
Finally, contact a personal injury attorney who has experience handling cases similar to yours. They can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Final Verdict: Partially At Fault? Seek Legal Advice!
If you were involved in an accident in South Carolina, and you believe you were at least partially at fault, you may still be eligible to receive compensation for your injuries. However, since the laws can be quite complex, it’s important to seek legal advice from an experienced personal injury attorney.
An attorney can help you navigate the legal system and ensure that you receive the compensation you deserve, even if you were partially at fault for the accident. Don’t hesitate to reach out to a qualified attorney for help with your personal injury claim.