Injured victims should be familiar with South Carolina’s comparative fault rule. This system awards personal injury damages based on the percentage of fault of each litigant has. The defendant’s responsibility must be 60 percent or more for plaintiffs to collect damages. You won’t collect any damages if you share equal blame, or more fault than the defendant.
Additionally, judges can reduce your compensation if you share some responsibility for the injury based on your percentage of fault.
Personal injury cases have a lower level of proof than criminal cases. For example, a jury could acquit a defendant of a criminal charge if the burden of proof is too low to qualify as beyond a reasonable doubt. In a civil case, however, the plaintiff must only meet a preponderance of evidence standard: personal injury plaintiffs can present the same evidence and still collect judgments.
Defendants try to reduce their liability by claiming the victim was partly to blame. Some companies will send insurance investigators or lawyers to visit with the plaintiff. These professionals may appear to sympathize with the victims, but often ask people to sign written or oral statements before they hire legal counsel. The company’s attorneys use this evidence to undermine the plaintiff’s case.
Don’t provide a statement to anyone before hiring your own legal team. Refer any company representative that wants to speak with you to your attorney.