In many crashes, multiple factors play a role in how the crash occurs. Unfortunately, when more than one party holds partial fault for the accident, it creates some confusion regarding compensation. The good news is that South Carolina has comparative negligence laws that allow claimants to seek the money they deserve, even if they hold partial fault for the accident.
How Comparative Negligence Works
In South Carolina, claims look at how much percentage of fault a person holds in a crash. You can be negligent to a certain degree, but if someone is more at fault, they take a majority of the blame for the collision. Working with a lawyer is one of the ways to determine who is more at fault and how compensation might be determined.
If the court determines you were 30% at fault because of your distractions, you may still recover compensation. However, the amount you recover will be reduced by the percentage of your fault. So, if you recover $100,000 and are considered 30% at fault, your actual recovery will be $70,000.
How to Protect Your Rights
Working with the right legal team can help! A lawyer recognizes how insurance companies may try to increase your percentage to pay out as little as possible. A lawyer safeguards you from many tactics that insurance adjusters use against you.
Ensure you get as much evidence as possible. The more you can gather to show the other party’s negligence, the lower your potential percentage and the more you may recover.
At Clawson Fargnoli Utsey, LLC, we work for you. We care about your rights and best interests. Our Charleston car accident attorneys go above and beyond to help you understand your options and seek the compensation you deserve. Trust us to take on large corporations on your behalf so that you can focus on your recovery. We’re here for you every step of the way.