What Role Does Comparative Negligence Play in Catastrophic Injury Cases in South Carolina?
A personal injury can impede you from earning a living and tending to the needs of those you love. If you have sustained catastrophic injuries because of someone else’s negligence, you deserve to be compensated adequately. Each state handles liability differently, with some states prohibiting a plaintiff from recovery if he or she shares any fault and others allowing a plaintiff to recover if the other party can be assigned at least one percent liability.
The South Carolina legislature imposes a law that meets somewhere in the middle. Under the law, the damages you claim may be reduced if you are found partially at fault for the accident or injury. Unfortunately, you will be barred from recovery if you are found more than fifty percent at fault. However, what share of liability is assigned to you may be debatable, with the insurance company often assigning greater responsibility than evidence may suggest.
At Mark C. Tanenbaum, P.A., our Mt. Pleasant catastrophic injury attorneys will not rest until we see justice served. Our legal team has helped thousands of injured parties recoup the losses due to them and are ready to assist you.
Liability in Catastrophic Injury Cases
Negligence is at the root of most personal injury cases, requiring that you show that a person’s actions resulted in your injuries and losses. To demonstrate that an individual has been negligent, the following elements must be proven:
- Duty of care: The defendant had a duty to exercise reasonable care under the circumstances.
- Breach of duty: Either through an act or omission, the defendant failed to adhere to their duty to you.
- Causation: The defendant’s actions must have been the direct cause of your injuries.
- Damages: Due to your injuries, you suffered measurable losses in medical bills and lost income.
Modified Comparative Negligence
Under South Carolina’s modified comparative negligence law, you can receive compensation even if you are found partially responsible. Bear in mind that your liability will reduce your damage. So, if you submit a $15,000 bodily injury claim but are found 30% at fault for the accident, you will only receive a check for 70%, or $10,500, of your original $15,000 claim. State law bars recovery if you are fifty percent or more at fault.
Liability Assigned by Insurance Companies
Insurance companies are known to inflate liability to reduce the amount they pay claimants. However, assigning more liability results in lower payouts to injury victims, placing them in financial hardship. Your overgrowing stack of medical bills has no intention of disappearing. Attempting to figure out how you are going to pay your medical bills, mortgage, and utility bills is the last thing you need while recovering from a catastrophic injury.
Assistance with Competent Counsel
At Mark C. Tanenbaum, P.A., our legal team is committed to proving your limited share of accountability (or lack thereof). We believe that claimants should never feel like they must accept a lowball offer without first putting up a fight. When you meet with our Mt. Pleasant injury attorneys, we will review the facts of your case, taking time to answer your concerns before formulating a concrete plan to recover damages. Your comfort is important to us as we help you navigate the complex nature of the insurance claims process together.
Accused of Contributing to Your Injuries? Speak with Our Mt. Pleasant Catastrophic Injury Attorneys Today
If you or a family member have been assigned fault for your catastrophic injury, you need reliable representation that can only come from a Mt. Pleasant catastrophic injury lawyer. At Mark C. Tanenbaum, P.A., our legal team has helped thousands of clients retrieve the most compensation feasible to reclaim the life they once knew. If you are interested in learning more or arranging a complimentary consultation, contact us online or call us today.