In South Carolina, individuals who have been injured in an accident that was caused, wholly or in part, by someone else’s negligence, may be able to recover compensation for their injuries and losses. However, determining who is at fault for an accident is not always clear-cut. In cases where both parties are found to have contributed to an accident, South Carolina courts use the "modified comparative negligence" rule to determine how much compensation the injured party can recover.
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Understanding Negligence And Fault In Personal Injury Cases
Negligence occurs when someone fails to exercise reasonable care, resulting in harm or injury to another person. In personal injury cases, negligence is often the basis for proving fault. In order to establish negligence, the injured party must show that the other person owed a duty of care, that the duty of care was breached, and that the breach caused the injury.
What Is Modified Comparative Negligence?
Modified comparative negligence is a legal principle that is used in personal injury cases to determine fault and allocate damages. Under this rule, a court will determine the percentage of fault for each party involved in the accident and reduce the amount of compensation that the injured party can recover based on their percentage of fault.
How Does Modified Comparative Negligence Apply In South Carolina?
In South Carolina, the modified comparative negligence rule is used in personal injury cases to calculate damages. Specifically, South Carolina follows the "50 percent rule," which limits the amount of damages that an injured party can recover if they are found to be partially at fault for the accident.
According to the 50 percent rule, if the injured party is found to be 50 percent or more at fault for the accident, they cannot recover any damages. However, if the injured party is found to be less than 50 percent at fault, their damages will be reduced based on their percentage of fault.
For example, if a driver is injured in an accident and is found to be 20 percent at fault for the accident, their damages will be reduced by 20 percent. If their total damages were $100,000, they would only be able to recover $80,000.
How Is Fault Determined in Personal Injury Cases?
In order to determine fault in a personal injury case, the court will consider a variety of factors, including:
- The actions of each party leading up to the accident
- Whether either party violated traffic laws or safety regulations
- Whether either party was distracted or under the influence of drugs or alcohol
- Whether the parties were engaged in any reckless or negligent behavior
The court will also consider the opinions of expert witnesses, including accident reconstruction specialists and medical professionals, to help determine the cause of the accident and the extent of the injuries.
Why Is Modified Comparative Negligence Important?
Modified comparative negligence is an important principle in personal injury cases because it ensures that each party is held accountable for their actions in causing the accident. This prevents an injured party from being held responsible for damages that they did not cause, while also preventing a party who was primarily responsible for the accident from avoiding liability entirely.
What You Should Do if You Have Been Injured In An Accident
If you have been injured in an accident that was caused by someone else’s negligence, it is important to contact an experienced personal injury attorney as soon as possible. An attorney can help you gather evidence, assess your injuries, and negotiate with insurance companies to ensure that you receive the compensation you deserve.
In conclusion, modified comparative negligence is an essential principle in personal injury law in South Carolina. By understanding how it applies in your case, you will be better equipped to navigate the legal process and obtain the compensation you deserve.