The short answer: South Carolina follows a modified comparative negligence rule, which means you can still recover compensation after an accident even if you were partly to blame. Your own percentage of fault reduces your recovery, so being 20% at fault costs you 20% of your award. However, if you are assigned 51% or more of the fault, you cannot recover anything at all.
Being injured is stressful enough. Then an insurance adjuster tells you that the accident was partly your fault, and suddenly you worry that your entire claim is worthless. Take a breath. In South Carolina, sharing some of the blame does not automatically end your case.
Our experienced Columbia personal injury lawyers at Williams & Roche, LLC are committed to helping injured South Carolinians understand their rights under South Carolina negligence law, whether an injury happens on the road, on someone else’s property, or on the job.
In this article, we discuss:
– What comparative fault means in South Carolina.
– How shared fault reduces the compensation you can recover.
– How fault is decided and disputed by insurance companies.
– When a workplace injury may also involve a personal injury claim.
– How to receive answers about your situation.
What is comparative fault in South Carolina?
Comparative fault is a legal principle that divides responsibility for an accident among all parties involved, including you. South Carolina uses a modified comparative negligence system, which lets you collect compensation even if you were partly at fault for the harm done to you.
This was not always the law. In Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), our Supreme Court adopted the doctrine of comparative negligence and overruled South Carolina’s long-standing rule of contributory negligence. Under South Carolina’s comparative negligence rule, a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant. In plain terms, if you are 50% or less at fault, your claim survives.
How does shared fault reduce your compensation?
Shared fault lowers your recovery in direct proportion to your percentage of blame. The amount of the plaintiff’s recovery shall be reduced in proportion to the amount of his or her negligence.
Imagine your damages total $50,000 after a car accident in Columbia. If a jury decides you were 30% responsible, your recovery drops by 30%, leaving $35,000 instead of the full amount.
The cliff comes at 51%. Under the 51% bar rule, you may not recover damages if you are assigned 51% or more of the fault. This is why insurance companies work so hard to pressure your share of the blame over that line. If there is more than one defendant, the plaintiff’s negligence shall be compared to the combined negligence of all defendants.
How is fault decided, and how do insurance companies dispute it?
Fault is decided by weighing the evidence, and ultimately by a jury if your case goes to trial. Police reports, photographs, witness statements, medical records, and accident reconstruction all help show what happened and who was responsible.
Insurance companies know this rule and use it to their advantage. Every percentage point of fault they shift onto you reduces what they must pay, so adjusters may argue that you were speeding, distracted, or careless. Do not accept an adjuster’s version of events as final. What an insurer calls your fault is an opinion, not a verdict, and careful investigation often tells a very different story.
Can a workplace injury also lead to a personal injury claim?
Yes. Some workplace injuries give rise to a personal injury claim against a negligent third party, in addition to a workers’ compensation claim. If you were hurt at work, workers’ compensation benefits are generally available regardless of fault. But when someone other than your employer or a coworker caused your injury, for example, a careless driver, a property owner, or the maker of defective equipment, you may have a separate claim against that party, and comparative fault can apply to it.
The attorneys at Williams & Roche, LLC can help you understand whether your situation may give rise to additional claims beyond workers’ compensation. If you were injured on the job anywhere in South Carolina, contact Williams & Roche, LLC today for a consultation regarding your workers’ compensation matter.
Frequently asked questions about South Carolina comparative negligence
What is comparative fault?
Comparative fault is a rule that splits responsibility for an accident among the individuals involved and reduces an injured person’s compensation by their share of the blame.
Can I still recover money if I were partly at fault?
Yes. In South Carolina, you may be entitled to compensation as long as you were not 51% or more at fault. Your percentage of fault then reduces your award.
How long do I have to file a personal injury claim in South Carolina?
South Carolina generally gives you three years for an action for any injury to the person or rights of another under Section 15-3-530. Because deadlines can vary by situation, it is wise to act quickly and speak with an attorney.
Does comparative fault apply to workers’ compensation?
No. Workers’ compensation is a no-fault system, so your own carelessness generally does not reduce your benefits. Comparative fault applies to personal injury claims, such as third-party claims arising from a workplace injury.
Get answers about your South Carolina claim
Shared blame does not have to sink your case, but the difference between 50% and 51% fault can decide whether you recover at all. The attorneys at Williams & Roche, LLC understand how insurance companies think and how to counter their tactics. The firm serves injured workers throughout South Carolina from its office at 2442 Devine Street, Columbia, SC 29205. Call (803)652-5197 to schedule your consultation.
