Possibly, based on the South Carolina 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 settlement reduced by the percentage of the victim’s fault.
If you're worried your settlement could be reduced, or more likely, the insurance adjuster claims it will be, get a professioanl legal opinion. Get your questions answered in a free, no pressure strategy session with a Spartanburg, SC personal injury attorney. Call toll free at 888-230-1841 or fill out a Get Help Now form.
How South Carolina Comparative Negligence 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 toll free at 877.230.1841 to discuss how we can help show it's not your fault or prove your fault was minimal.