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Breakdown of Negligence Laws in South Carolina

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If you were seriously injured in a car accident in South Carolina you may be thinking about filing a South Carolina personal injury claim to recover damages. However, South Carolina's negligence laws will in part determine both your eligibility to file a claim and what percentage of compensation you'll be able to recover. 

Depending on the circumstances of your car accident in South Carolina you may be able to recover damages such as:

  • pain and suffering caused by the injury;
  • medical costs (both your current bills and estimated treatment for the future);
  • missed wages from lost time at work;
  • lost future earnings from any long-term effects of the injury; and
  • other financial losses you suffered as a result of the injury.  

South Carolina Negligence Laws Compared To Other States

Your ability to recover damages is governed by South Carolina's negligence laws, which is a variation of comparative negligence. South Carolina negligence laws follow what is called the 51% rule. Other states using comparative negligence can follow pure comparative negligence or the 50% rule.

South Carolina's 51% rule simply means you can only recover damages from a South Carolina personal injury claim if your share of fault for the car accident in South Carolina is 50% or less. Another aspect of this law is that any percentage of fault on your part will be deducted from your final compensation amount. For example, if you were awarded $100,000 but were also found 30% at fault for your car accident, your compensation would be reduced by 30% and you would only recover $70,000.

An experienced Georgetown personal injury attorney can help argue any degree of fault on your behalf to help you recover the most compensation possible.

For more information on South Carolina negligence laws as they pertain to filing a South Carolina personal injury claim visit our article library. 

Seeking the Help of a Georgetown Personal Injury Attorney

The South Carolina personal injury attorney team at the Shelly Leeke Law Firm is available to help accident victims cope with the legal implications of a serious injury. Our firm's focus on personal injury cases includes injury from auto accidents including pedestrian and bicycle injuries, work-related injuries and Workers' Compensation claims, and injuries resulting from dangerous prescription drugs.

Before you file a South Carolina personal injury claim, request a free copy of our South Carolina injury book. When you're ready to get started on settling your accident claim, contact a Charleston personal injury attorney for a free information packet and consultation, 1-888-690-0211.

Shelly Leeke
South Carolina Injury Lawyer
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