South Carolina is a fault-based personal injury state. To hold another party liable for your accident, you will generally need to prove fault. In most cases, fault is based on negligence. Unfortunately, it is not uncommon for people to find themselves in a situation where the at-fault party simply denies liability. You can and should fight back. A Charleston personal injury attorney can help if the at-fault party denies liability in South Carolina.
Disputes Over Liability are Common in Personal Injury Claims in South Carolina
If the at-fault party disputes liability, know that you can still win your claim. Defendants and insurers often deny responsibility at first. In South Carolina, you must prove that another person or entity harmed you through negligence. When the defendant denies fault, focus on both the facts and legal responsibility. Investigate the accident thoroughly. A Charleston, SC personal injury attorney can help.
An Injured Victim Needs to Be Prepared to Prove Fault
Under South Carolina law, the plaintiff bears the burden of proving negligence. It is a preponderance-of-the-evidence standard. That means that you need to prove that it was more likely than not that the defendant caused your accident through negligence. A successful personal injury claim generally requires proof of four legal elements: duty, breach, causation, and damages.
Gather evidence to support your claim. Use police reports, photos, surveillance footage, eyewitness statements, accident reconstructions, and medical records. Use expert testimony if technical issues arise.
Comparative Negligence Can Reduce or Even Eliminate Your Financial Recovery
South Carolina follows modified comparative negligence (S.C. Code Ann. § 15-38-15). The defendant may argue you share responsibility. You can recover damages only if your fault is 50% or less. If a jury finds you partly at fault, your award will be reduced by your percentage of fault. For example, $100,000 becomes $75,000 if you are 25% at fault. If your fault is over 50%, you recover nothing by law.
Set Up a Free Case Review With a Top South Carolina Personal Injury Lawyer
At Query Sautter & Uricchio, LLC, our Charleston personal injury attorney is standing by, ready to advocate for your rights. If the at-fault party is disputing liability, do not wait. Take immediate action, contact us now for a free, no-obligation case review. We are committed to fighting for justice and securing the compensation you deserve, serving injured victims across South Carolina.