Proving Liability in a Crash Is Central to Any Injury Case

All personal injury lawsuits and negotiations hinge on liability

To obtain compensation in a personal injury lawsuit, you need to prove that the person or party responsible for your safety acted in a negligent, careless or intentionally malicious fashion, and that this act or failure to act directly caused your injuries. At Marcari, Russotto, Spencer & Balaban P.C., we bring more than 175 years of combined legal experience to help our clients prove their injury claims in court and to insurance companies — and get the just compensation they deserve.

South Carolina laws regarding personal injury liability

In South Carolina personal injury cases, courts use a legal doctrine called comparative negligence to determine the legally liable party. The judge and jury review your injury claim and determine the extent to which every party involved is responsible. They then assign each party a percentage of the fault. As a plaintiff, what this means for you is that:

  • An injured party is only entitled to damages if the person is determined to be less than 50 percent at fault for the accident.
  • If the injured party was at all responsible for the crash, the primarily negligent party is only liable for that percentage of damages.

An experienced South Carolina injury lawyer can examine your case and advise you regarding the percentage of damages you may be assigned by a court.

A practical example of comparative negligence in South Carolina

Consider a collision between two cars in which one driver runs a red light, but the other was using a cell phone while driving. The driver who ran the red light is assigned 70 percent of the responsibility and the cell phone user is assigned 30 percent. If damages are assessed at $100,000, the driver with 70 percent of the responsibility would owe the other party $70,000 in damages — the full amount of damages adjusted for assigned responsibility.

Let a knowledgeable South Carolina injury lawyer help you establish liability

Without proof of negligence, no injury claim can succeed. At Marcari, Russotto, Spencer & Balaban P.C. in South Carolina, our attorneys examine your case free of charge and advise you as to how the laws of the state will likely allocate responsibility for the claim. To get started today, call (888) 351-1038 or contact us online. We are happy to meet you at your home or in your hospital room if necessary, and we work on a contingency-fee basis — we only get paid our fees if we win!