Curtis Dayson | March 5, 2025 | Workers Compensation
If you’ve been injured in an accident, one of the most pressing concerns is how much compensation you may be entitled to. The amount you can recover in South Carolina depends on your role in the accident. The state follows a modified comparative negligence rule, meaning the percentage of fault assigned to you can directly impact your claim. Understanding how this rule applies protects your right to fair compensation.
Understanding South Carolina’s Modified Comparative Negligence Rule
South Carolina uses the 51% Bar Rule, which means you can pursue compensation if you are less than 51% at fault for the accident. However, your compensation is reduced in proportion to your degree of responsibility.
For example:
- If your damages total $100,000 but you are found 20% at fault, your recovery would be reduced by 20%, leaving you with $80,000.
- You are barred from receiving compensation if you are 51% or more at fault.
This rule highlights the importance of presenting a strong case that accurately represents the facts and minimizes any unfair assignment of fault. Even a tiny shift in percentage points can mean thousands of dollars in lost compensation. That’s why working with legal professionals who know how to challenge unfair determinations and maximize your financial recovery is critical.
The Complexity of Proving Fault in a Personal Injury Case
Determining fault isn’t always straightforward. Multiple parties may share responsibility in many cases, and insurance companies often attempt to manipulate the facts to minimize their payout. Proving fault requires extensive evidence, including:
- Accident reports
- Eyewitness testimony
- Surveillance footage
- Expert analysis from accident reconstruction specialists
- Medical records that establish the extent of injuries
Without a dedicated legal team, you risk being assigned more fault than is fair, reducing your settlement significantly. Our attorneys work tirelessly to ensure that all evidence is properly gathered, analyzed, and presented in a way that protects your rights.
Why Legal Representation Matters
Insurance companies are skilled at minimizing payouts, and one of their primary tactics is shifting blame onto the injured party. They may claim you were distracted, speeding, or not paying attention to your surroundings, even if the accident was primarily someone else’s fault. Without experienced legal representation, you risk being unfairly assigned a higher percentage of fault, significantly decreasing or eliminating your potential compensation.
Having the right legal team ensures your case is presented clearly and persuasively. The attorneys at Dayson, Shalabi, Burkett Law Firm, LLC work to:
- Investigate your case thoroughly by collecting accident reports, witness statements, surveillance footage, and expert testimony.
- Challenge unfair fault assessments made by insurance companies that try to minimize your payout.
- Work with accident reconstruction specialists and medical professionals to provide concrete evidence supporting your claim.
- Negotiate aggressively with insurance companies to fight back against lowball settlement offers.
- If necessary, take your case to trial, ensuring you receive the maximum compensation possible.
Common Personal Injury Cases Affected by Comparative Negligence
- Car Accidents – Determining fault in auto accidents can be challenging. Insurance companies will look for any reason to reduce your compensation. Our firm ensures your rights are protected and that fault is assigned accurately.
- Slip–and–fall accidents: Property owners may argue that you were careless or not paying attention when you fell. We work to prove liability and demonstrate the unsafe conditions that caused your injury.
- Workplace Injuries – While workers’ compensation laws apply, we pursue all available avenues to maximize your claim if third-party negligence contributed to your injury.
- Pedestrian and Bicycle Accidents—Drivers often blame pedestrians and cyclists for not being visible or for breaking minor traffic rules. We oppose these tactics and advocate for your right to fair compensation.
- Medical Malpractice – If a healthcare provider’s negligence contributed to your injuries, proving liability can be complex. We work with medical experts to hold responsible parties accountable.
Protect Your Claim from Insurance Company Tactics
Insurance adjusters frequently use comparative negligence laws to their advantage to shift as much blame onto injury victims as possible. The more fault they assign to you, the less they have to pay. Without an aggressive legal strategy, you could end up with far less than you deserve—or nothing.
Our firm is committed to ensuring that accident victims in Charleston, Columbia, and throughout South Carolina receive the compensation they need to recover fully. We know the ins and outs of South Carolina’s comparative negligence laws and how to combat insurance company tactics.
What Sets Our Law Firm Apart?
When choosing legal representation, experience and dedication matter. Our firm stands out because:
- We have years of experience handling personal injury cases in South Carolina.
- We take a client-first approach, ensuring personalized attention to every case.
- Our legal team isn’t afraid to go to trial if insurance companies refuse to offer fair compensation.
- We work on a contingency fee basis—you don’t pay unless we win your case.
Contact Us for a Free Consultation
If you’ve been injured in an accident in South Carolina, don’t risk losing the compensation you need to move forward. Let our experienced legal team handle the legal battle while you focus on healing. Time is of the essence—evidence can disappear, and deadlines apply. The sooner you have strong legal representation, the better your chances of securing a favorable outcome.
Contact us today for a free consultation. Let us fight for the compensation you deserve.