If you’ve been hurt in an accident in South Carolina and someone else was partly to blame, the law might still allow you to get help. But there’s a catch. South Carolina uses a rule called comparative negligence. It’s a way of looking at who was at fault and how much. If you’ve never heard of this before, you’re not alone. Many folks dealing with an injury for the first time find it confusing. But don’t worry, you’re in the right place to learn what it means for your case.
What is comparative negligence
Comparative negligence is the rule that decides how blame gets shared in an accident. In South Carolina, if you’re hurt but you’re partly at fault, you might still get money to help with your injuries. But how much you can get depends on how much of the accident was your fault.
Let’s say you were in a car crash. If the other driver was mostly at fault but you were texting while driving, the law might say you share some of the blame. If the court decides the crash was 80% their fault and 20% yours, you might still recover 80% of your damages.
But if you were more than 50% to blame, you can’t collect anything. That’s a hard rule in South Carolina.
How blame gets decided
Figuring out who’s at fault isn’t always clear. Insurance companies often try to say you were more to blame than you really were. That’s why it’s important to tell your side of the story and give good information. Things like photos, videos, witness reports, and even police records can help paint a full picture of what really happened.
In court, a judge or jury decides who is to blame and how much. If it doesn’t go to court, the insurance companies often battle it out themselves. Either way, your goal is to show that the other person was more at fault than you were.
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Why this matters for your case
Let’s say your total damages are $100,000 for medical bills, lost wages, and pain. If you were 30% at fault, you would only get $70,000. That’s still something, but it’s less than what you might’ve expected.
If you don’t understand how comparative negligence works, you might accept a low offer or even give up on your case. Many injured folks don’t realize they can still get help even if they made a mistake.
Things to be careful about
Insurance companies know this rule too. They might try to say you were more at fault than you were. They do this to pay you less or nothing at all. That’s why you need to be careful with what you say and who you talk to.
Even if you’re feeling okay, don’t say you’re fine right after a crash. Don’t post about it on social media either. These things can be used against you. Stick to the truth, but let someone who knows the law guide you through the process.
Every accident is different
Some accidents are simple. Others are not. Maybe you slipped on a wet floor at a store. Maybe your child was hurt on someone else’s property. Maybe you were biking when a car pulled out too fast. Every story is different. And the rule of comparative negligence works a little differently in each one. What matters most is who had the duty to be careful, who broke that duty, and how that led to the injury. That’s the story the law tries to tell.
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What you can do right now
If you’ve been hurt, get medical help first. After that, take photos if you can. Keep track of your bills. Write down everything you remember. Save any messages or reports. The more you have, the better.
Then talk with someone who’s walked through this before. Someone who listens. Someone who can help you figure out how the law sees your case. This isn’t about blaming yourself or anyone else. It’s about getting you back on your feet.
What if more than one person caused the injury
Sometimes it’s not just two people involved. Maybe several people played a part in the accident. Maybe it was a crash with multiple drivers, or a job site injury with different crews. In those cases, the same rule still applies. Everyone’s share of fault gets looked at. The court or insurance company will try to sort out how much each person contributed to what happened.
This can make things even more complicated. But it also means that if others share the blame, they might each be responsible for part of your recovery. That’s why it’s important to identify every person or company that may have had a role in causing the harm. When all the facts are clear, the law has a better chance of giving you a fair result.
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What about when a company is involved
Companies have responsibilities too. They must keep their buildings safe, their drivers trained, and their products working right. If a store leaves water on the floor, or a delivery company lets a driver work too many hours, they can be held responsible. But those companies will often push back hard. They have lawyers and insurance teams who know every trick in the book.
Comparative negligence applies here too. If you fell at a store but were also texting and didn’t see the hazard, they might argue it’s your fault. But if they didn’t clean up the spill or warn anyone, they share the blame. And they can still be made to help you with your recovery.
Why time matters in South Carolina
South Carolina law gives you three years to bring most personal injury cases. That clock starts ticking from the date of the injury. It may sound like a long time, but the longer you wait, the harder it is to collect the right evidence and talk to witnesses.
If you wait too long, you might lose your chance to get any help at all. That’s why it’s so important to speak with someone early. Don’t guess about what you’re allowed to do. Get clear answers from someone who understands this law.
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You don’t have to figure this out alone
Comparative negligence can feel like a puzzle. One wrong step and you might lose the help you need. But you don’t have to face that fear alone. At Christian & Christian Law, we help good people through tough times. We know this law inside and out, and we’re ready to help tell your story in a way that makes sense.
If you’ve been hurt and you’re worried you might be partly at fault, don’t wait. Let’s talk. You deserve someone in your corner who will fight for what’s fair. Call Christian & Christian Law today and let us help you take the next step.