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Shelly Leeke Law Firm, LLC

Negligence Laws and South Carolina Personal Injury Claims (part A)

After being injured in a car accident in South Carolina you may consider filing a South Carolina personal injury claim to try and recover damages for your medical costs, lost time at work, and other accident related expenses. Each state's negligence laws will determine if and when you are entitled to compensation in a personal injury claim and how much based on your personal degree of fault.

South Carolina negligence laws follow a form of comparative negligence known as the "51% rule" when deciding if someone can be awarded damages from a car accident in South Carolina. 

South Carolina Negligence Laws 51% rule

South Carolina's negligence laws state if you were injured in a car accident in South Carolina, you can recover damages only if your responsibility for causing the accident isn't more than 50%. If you are found 51% or more responsible for causing your accident injuries, you cannot recover any damages at all. This kind of rule is used in several other states when it comes to personal injury claims. 

According to South Carolina negligence laws you can be partially at fault and still recover at least some compensation for your injuries, which can still be helpful to many accident victims who may have made some minor mistakes leading up to their car accident in South Carolina.

It is important to note any damages you would be awarded through your South Carolina personal injury claim will be reduced by the degree of fault you are assigned in your car accident in South Carolina. For example, if you are found 40% responsible for your car accident, any compensation you would have received will be reduced by 40% to balance your role in causing the accident.

This is why having a Georgetown personal injury lawyer on your side can really help the integrity of your injury claim. Your attorney can use evidence and  knowledge of your legal rights in light of South Carolina negligence laws to help you fight for the smallest amount of fault possible on your behalf.

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Shelly Leeke
South Carolina Injury Lawyer

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