Your loved one died in a tragic accident, but now the person you think is responsible is saying it was partly your loved one’s fault. It feels like another loss. You’re grieving, and yet you're being asked to defend your loved one’s actions.
In South Carolina, wrongful death cases can be complicated by what’s known as comparative negligence. When more than one party shares blame for an accident, it can change everything. Understanding how this law works is critical to preserving your right to justice and compensation.
What Is Comparative Negligence, and How Does It Apply to Wrongful Death?
South Carolina follows a modified comparative negligence rule. That means a person’s damages in a lawsuit are reduced if they were partially responsible for what happened, but only up to a point.
The 51% Bar Rule
Under state law, if the deceased is found to be more than 50% responsible for their own death, their family may not recover compensation. If they are found to be less than 51% at fault, the award is reduced by their percentage of fault.
For example, if a jury awards $500,000 but finds the deceased was 30% responsible, the family would receive $350,000. But if the deceased was 55% responsible, the family would receive nothing.
Common Scenarios Where Shared Fault Comes Into Play
The defendant(s) may claim that your loved one was partially at fault for the accident in the following types of situations:
- Car accidents. Was the deceased speeding? Not wearing a seatbelt?
- Workplace injuries. Did they ignore safety procedures?
- Medical malpractice. Did they fail to follow post-op instructions?
- Slip-and-fall claims. Were they in an unauthorized area or ignoring signage?
In these cases, the defense may argue that the deceased’s actions contributed to their death.
How Can a Charleston Wrongful Death Attorney Fight Back Against Claims of Contributory Negligence?
Wrongful death attorneys in Charleston must anticipate and counter contributory negligence arguments with evidence, strategy, and compassion. Some strategies we may use to prove who was at fault for your loved one’s death include:
- Reconstructing the event. Accident reconstruction experts, medical records, and forensic specialists can help determine what really happened.
- Shifting the narrative. Attorneys often reframe the story to focus on what the other party failed to do, such as maintaining safe conditions or obeying traffic laws.
- Highlighting reasonable behavior. The law doesn’t require perfection, just reasonable care. A skilled lawyer can show that your loved one acted as any reasonable person would under the circumstances.
- Undermining weak evidence. Claims about the deceased’s negligence must be backed by solid facts. Any guesswork or speculation can be challenged in court.
Our job is to protect your loved one’s memory and your right to compensation.
How the Defense Makes Comparative Negligence Arguments
In Charleston and across South Carolina, insurance companies and defendants use comparative negligence as a cost-saving strategy. It allows them to reduce what they owe or avoid paying altogether.
Some defense tactics may include:
- Discrediting the deceased. Defense counsel may try to highlight mistakes or decisions your loved one made to cast doubt on their character or actions.
- Cherry-picking evidence. Defense lawyers may ignore the broader context and focus on isolated moments to suggest fault.
- Creating confusion. Sometimes, the defense may introduce complicated or irrelevant arguments to muddy the waters and make juries question causation.
It’s painful, but it’s also predictable, and your lawyer knows how to anticipate it and protect your rights.
What Families in Charleston Should Remember
You don’t have to prove your loved one was perfect, only that someone else was more responsible for what happened. In South Carolina, that distinction matters. Accordingly, it’s important to remember that:
- Comparative negligence doesn’t automatically end a wrongful death case
- Evidence matters more than opinions
- Legal strategy can make or break your case
Remember, you don’t have to do this alone. At the Law Office of Sean M. Wilson, we work hard to honor your loved one’s memory and help you get the financial compensation you deserve.