When you file a claim pursuing compensation for damages caused by a negligent driver, you are responsible for proving the other driver’s negligence.
However, they may respond with accusations of fault directed at you. If you are partially liable, you may still be able to recover a portion of your losses under South Carolina’s modified comparative negligence rule.
Modified comparative negligence
The modified comparative negligence rule assigns a percentage of fault to both parties. If you are partially liable, you will receive a percentage of the total value of damages less your portion of fault. However, you cannot be more liable than the defendant.
For example, if the court finds you 20% at fault for the accident and values your losses at $10,000, you can only recover $8,000. However, if the court found you 51% at fault, you could not recover damages.
Some losses you can recover from a car accident case include:
- The cost of medical care, including current and future treatments
- The loss of income, including lost earning capacity and future wages
- The cost of repairing your damaged property or replacing anything irreparable
- Physical pain and suffering from your injuries and medical treatment
Recoverable damages include economic and non-economic losses that create the value of your claim. Building a solid case for compensation means adequately valuing the non-economic losses and providing evidence to support all claims.
If your case does not end in a settlement, you have three years from the date of the accident to file a lawsuit.