Comparative Negligence

In South Carolina, we have comparative negligence, which allows you to recovery damages from a personal injury claim, even if you partly contributed to your own injuries. Comparative negligence can help you recover some compensation for your personal injury.

In a personal injury claim, comparative negligence may be used to show that although you contributed to your injuries, the defendant is liable for the higher percentage of the injures, and you should be compensated for that percentage.

This means that if you are in an auto accident and you are 25% responsible for the accident, while the defendant is 75% responsible, the defendant will be responsible for compensating you for 75% of the losses you endured.

A personal injury claim involving comparative negligence can be very difficult. Not only will the personal injury claim require investigation into the circumstances of the incident, but there may also be witness testimonies, and insurance adjusters.

Learn more about other forms of personal injury negligence on our contributory negligence page and our personal injury negligence page.

If you are filing a personal injury claim with comparative negligence, contact the Law Offices of Michael A. DeMayo, L.L.P. ® for a free initial consultation.