How Does Comparative Fault Affect Compensation in Injury Claims?
Aug. 20, 2025
Accidents can happen in an instant, but the legal and financial aftermath can stretch on for months or even years. If you've been hurt because of someone else’s actions in Hilton Head Island, South Carolina, you may have questions about how your own conduct might affect your claim.
At Jenkins Law Firm, we’ve helped countless injury victims pursue justice. Our experienced South Carolina personal injury attorney understands how important fair compensation is when you're facing medical bills, lost income, and lasting pain. But even when someone else caused your injury, your actions might affect the outcome of your case.
How Fault Is Determined in an Injury Case
Determining fault is rarely simple. Many personal injury cases involve multiple parties, conflicting stories, and different kinds of evidence, all of which can make it difficult to pinpoint exactly who was responsible.
Insurance companies and defense attorneys often scrutinize the details of an incident, searching for anything that suggests you may have contributed to your own injuries. They typically examine police or incident reports, gather statements from eyewitnesses, review photos or videos taken at the scene.
Your own comments made during or shortly after the incident can also carry weight—sometimes to your detriment. Even a passing remark like “I should’ve been paying more attention” might be used to shift blame onto you. That’s why it's critical to involve a personal injury attorney early in the process.
What Comparative Fault Means in South Carolina
South Carolina follows a legal rule called modified comparative fault. This system allows injury victims to recover compensation even if they were partially at fault for the accident—up to a certain point. If you’re found to be 50% or less at fault, you can still recover damages. However, your compensation will be reduced in proportion to your share of the blame.
Let’s say you’re awarded $100,000 in damages, but you're found to be 20% at fault. Under modified comparative fault, you'd still receive compensation, but it would be reduced by 20%, leaving you with $80,000. If you're found to be 51% or more at fault, though, you can't collect any damages at all.
This rule applies in many types of injury cases, including car accidents, slip and fall claims, and even some product liability cases. A personal injury attorney can assess how comparative fault may affect your case and work to minimize your share of liability.
Common Scenarios Where Comparative Fault Applies
Comparative fault isn’t limited to one type of accident. It can come into play in a wide range of personal injury claims, especially where both parties made mistakes. Knowing what scenarios commonly involve shared fault can help you understand whether it might apply to your situation. Examples of cases that often involve comparative fault:
Car accidents: If you were speeding but the other driver ran a red light, both parties may share fault.
Slip and falls: If you slipped in a store but were also distracted or wearing unsafe shoes, your actions may reduce your compensation.
Bicycle or pedestrian accidents: You may be partially at fault if you were jaywalking or not using a designated path.
Construction site accidents: If safety protocols weren’t followed by multiple parties, fault may be divided among workers, supervisors, and property owners.
In each case, the amount you can recover depends not just on the severity of your injury, but also on your share of responsibility.
How Comparative Fault Affects Settlement Negotiations
When you file a personal injury claim, the other party’s insurance company will often try to settle before the case reaches trial. In these negotiations, comparative fault can become a key point of leverage. If the insurer believes they can shift even a portion of the blame onto you, they may use that to justify offering significantly less than your claim is worth.
To support their position, insurance companies may point to inconsistencies in your statements or argue that you ignored clear warning signs or hazards. They might claim that your own actions made your injuries worse or question your medical history in an attempt to suggest pre-existing conditions.
It's also common for insurers to propose quick settlements in hopes of avoiding larger payouts down the road. A personal injury attorney can push back against these tactics by presenting solid evidence, working with professional witnesses, and framing the facts to emphasize the other party’s greater responsibility.
The 51% Bar Rule and Why It Matters
One of the most important aspects of South Carolina’s comparative fault rule is the 51% bar. If you're found to be more than 50% responsible for the accident, you lose your right to recover damages entirely. This rule makes it crucial to keep your share of fault below that threshold. Consequences of crossing the 51% fault line:
You’ll be completely barred from recovering compensation, no matter how severe your injuries
Medical bills, lost wages, and other expenses will fall entirely on you
You may still face a lawsuit from the other party if they suffered damages
Your insurance premiums could rise significantly, especially in auto-related claims
Keeping your fault percentage low is about more than just money—it’s about preserving your legal rights. A personal injury attorney can work to keep your liability as low as possible and argue against exaggerated claims made by the defense.
Why Legal Representation Is Essential in Comparative Fault Cases
Comparative fault cases can be harder to resolve because they center on assigning percentages of blame rather than establishing clear, one-sided liability. This makes experienced legal representation not just beneficial—but essential—to achieving a fair result.
A personal injury attorney plays a key role in these cases by thoroughly investigating the accident and gathering evidence to strengthen your position. They often collaborate with authorities to reconstruct what happened and support your version of events.
When insurance companies draw biased or unfounded conclusions, your attorney can challenge those claims and present more accurate assessments. Skilled negotiation is also crucial, as your attorney will work to prevent any unjust reduction in your compensation.
William G. Jenkins at Jenkins Law Firm is committed to helping injury victims across South Carolina push back against unfair blame. Whether your case involves a car accident, slip and fall, or other personal injury, having strong legal advocacy on your side can make all the difference.
How to Protect Your Case After an Accident
What you do immediately after an accident can influence how fault is assigned. From the moment the incident occurs, insurance companies and other parties begin gathering information to use in their favor. Taking the right steps early on can make a major difference in how much compensation you receive. Steps you can take to protect your claim:
Report the incident right away and request a written report
Take photos or videos of the scene and any visible injuries
Avoid making statements that imply guilt or fault
Follow all medical advice and attend scheduled appointments
Keep records of expenses, missed work, and how your injury affects your daily life
Even a small misstep can affect how your case is viewed. A personal injury attorney can guide you through the early stages to keep your case strong and your recovery on track.
When Comparative Fault Becomes a Legal Dispute
In many cases, both sides have sharply different views on how fault should be assigned. When these disagreements can't be resolved through negotiation, comparative fault becomes a central legal issue that must be addressed through litigation. This process can involve depositions, professional testimony, and presenting evidence before a jury.
Certain signs may suggest that your case is headed in this direction. For example, the insurance company may refuse to negotiate in good faith, or the other party might be filing a claim against you as well. Conflicting witness accounts, missing or unclear evidence, and high-dollar damages can all increase the likelihood of a legal dispute.
If trial becomes necessary, your personal injury attorney will craft a strategy that focuses on proving the other party's greater share of fault. This may include bringing in accident reconstruction professionals, offering professional testimony, and carefully challenging the opposing side’s evidence and witnesses.
Reach Out to the Jenkins Law Firm Today
Comparative fault can significantly affect how much compensation you receive in a personal injury case. That’s why it’s critical to have a personal injury attorney who can fight to protect your rights and limit your share of liability. At Jenkins Law Firm, we represent injury victims in Hilton Head Island, South Carolina, and throughout Beaufort and Jasper County and are committed to helping clients secure fair compensation. Call today.