How South Carolina’s Negligence Laws Impact Claim Value

If you were recently injured by someone else's negligence resulting in a car accident in South Carolina, it's important to understand all of the elements that influence your potential compensation in a South Carolina personal injury claim. Once of these factors is South Carolina's negligence laws.

Negligence laws vary from state to state and are intended to set the standard of who can file an injury claim and how much compensation a victim can recover if they contributed in any way towards the accident and resulting injuries.

South Carolina follows a modified comparative negligence law known as the 51% rule. This rule allows accident victims who were 50% responsible or less the ability to recover compensation through an injury claim. It also states that any percentage of fault on your behalf up to 50% will be deducted from any compensation you would recover.

For example, if you were offered $100,000 and were also found 10% at fault you would only recover 90% of your compensation, which in this example would be $90,000.

What other factors impact the value of a South Carolina injury claim?

Under South Carolina law, filing a South Carolina personal injury claim allows you to hold the person who injured you responsible for: 

• past, present, and future estimated medical expenses;
• time lost from work (including time for medical treatment or therapy);
• property damage;
• pain and suffering;
• consideration for any permanent disfiguration or disability; and
• other costs directly related to your injury.  

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 Charleston 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.