Comparative Negligence in South Carolina

Comparative Negligence in South Carolina

Many states, including South Carolina, have adopted comparative negligence policies for personal injury lawsuits. This means that people can be held partially responsible for their own injuries if they failed to exercise proper caution. In South Carolina, the state prohibits anyone who is 51% or more at fault for their injuries from filing a lawsuit against the other group or individual who is partially at fault.

If you’ve sustained a serious injury because of someone else’s negligent or reckless conduct, we may be able to assist you with the process of filing for financial compensation. To learn more about the process and requirements for personal injury lawsuits, contact a Charleston injury attorney of the Steinberg Law Firm today at 843-720-2800.


According to South Carolina law, a person must be less than 51% at fault for an accident in order to file a claim against the other party to blame. An individual can accidentally contribute to his or her own injury in the following ways:

  • Failing to use safety devices such as seat belts
  • Failing to exercise reasonable caution
  • Taking action after an injury that worsened the damage
  • Not contacting medical services after an injury

If the accident victim’s case is successful, he or she can be awarded compensation that is proportionate to the fault of the other party. For instance, if the other person is found to be 60% at fault, then the accident victim can receive compensation for 60% of his or her damages.

Personal Injury Lawyers Representing Charleston & nearby areas of South Carolina


If you’ve been injured because of another person’s actions and are concerned about your injury claim’s success, a legal advisor may be able to walk you through the steps of your case and help you determine if you are eligible to file. For more information about our full range of legal services, contact a Charleston injury lawyer of the Steinberg Law Firm by calling 843-720-2800 today.

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Steinberg attorneys have been awarded numerous distinctions, such as Super Lawyers, Best Lawyers in America by U.S. News & World Report, Gedney M. Howe, Jr. Award for Outstanding Public Service, the SC Leadership in Law award, and has been voted Best Workers’ Comp Firm in SC, among other distinctions.

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Steinberg Law Firm is an Award Winning Personal Injury Law Firm

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