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Toll-Free: 888-230-1841
Phone: 864-582-0416
Holland & Usry, P.A.

Do I still have a claim if the cause of my injury is partially my fault?

Possibly, based on the legal doctrine of "comparative negligence." Comparative negligence requires a jury to compare the fault of both parties involved in an accident, with the victim’s compensation reduced by the percentage of the victim’s fault.

How It Works

Your compensation can be reduced- or you can even lose.   

  • Reduced compensation for 50% fault or LESS: Say the jury decides you were 25% at fault.  The jury decides your compensation, called damages, are $100,000.  The judge will reduce your verdict by the amount of your fault- 25% of $100,000 is $25,000. You collect $100,000-$25,000= $75,000.
  • No compensation for MORE than 50% fault. If you're found to be more than 50% at fault, you get nothing. And you shouldn't- the accident was mostly your fault.

When We Often See It

One case we see this defense is slip- or trip-and falls. Insurance companies and their lawyers love to crow, "You should've looked where you were going!"

There's a logical, rock-solid reason we can blow that argument right out of the water, or at least minimize it.

It can be very important to have a skilled injury lawyer in a case where you might be at fault, to help increase your chances of recovering- and increase the amount you recover.  If you've been hurt by someone else but are afraid you might be found at fault, call us now at 864.582.0416 or toll free at 877.230.1841 to discuss how we can help show it's not your fault or prove your fault was minimal.  

 

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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