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South Carolina
Negligence Laws
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South Carolina Negligence Laws

When you’re injured in an accident, it’s important to make sure you’re getting the full compensation you need for your case. Unfortunately, that may mean defending your claim, too. You may need to fight back, despite that being more difficult because of the suffering your injuries have caused.

That’s why it’s important to understand South Carolina’s negligence laws before you file your claim. If you’re not prepared to deal with fault and negligence laws, be sure that you have a lawyer from HawkLaw, PA on your side. Your attorney can help you act on accusations of fault and seek out the full compensation you deserve for your injury claim in South Carolina.

What Is Negligence?

When you’re injured by another person, knowing whether they were negligent and therefore liable for your injuries will affect your claim. However, before you begin, understanding what negligence is and why it’s important will be key.

After an accident, your first question may be, “Was the other person acting with the care they’re supposed to?” When someone doesn’t meet the standard of care, they’ve breached the duty of care they’re supposed to respect.

While you’re not expected to go out of your way to protect others’ safety, you are expected to act carefully to avoid harming someone. So while you’re not expected to risk your life to protect someone, as an example, you are expected to take care for those around you.

If you’re behind the wheel, for instance, you’re expected to pay attention to the road and avoid accidents. If a driver doesn’t do so and an accident happens, they may be found at fault for the car accident.

Comparative Negligence

However, just because they’re the responsible party doesn’t mean that you can’t also be held liable for part of the accident. Instead, you’ll need to focus on protecting your claim, since the defense will likely try to put some or all of the blame on you.

For example, you might have slipped and fallen in a store, but they don’t want to pay the full compensation you deserve. Instead, they may claim that you were texting or otherwise not paying attention to where you were walking. If you don’t fight back, you may have your compensation reduced by 10 percent, as an example.

While getting 90 percent of your compensation will help, that reduction could be a significant amount of funds. Because your compensation is so important, you’ll need to protect it from diminishing because of their defense. Worse, if you’re found more than 50 percent at fault in South Carolina, your claim could be dismissed entirely.

Understand Negligence for Your Claim

When you’re injured by another person’s negligence, it may seem that they’re simply at fault for your accident. Unfortunately, South Carolina negligence laws can make things a little more complex and more difficult.

Unfortunately, if you don’t understand the SC negligence laws around your claim, you could lose the compensation you need for your injuries. That’s why you’ll need to fight back with the help of a lawyer from HawkLaw, PA.

Our attorneys understand the different laws that can affect your claim, and we’ll help you take action, starting with a free consultation. Reach out for the answers you need for your questions by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below.