It’s important to understand that the decision about each driver’s share of fault is a subjective decision. Whatever the percentage, it’s a number negotiated between the adjusters involved. It’s an important number because the determination of comparative fault influences how much money an insurance company is willing to pay to settle a claim.
An experienced personal injury attorney at Joye Law Firm can investigate your car accident and present information to the insurance adjusters to show that the other driver’s actions primarily caused the crash. Our goal is to minimize any fault on your part. This underscores the importance of working with an experienced car accident injury lawyer who has handled many settlement negotiations.
Most cases are successfully resolved through negotiations out of court, but if the insurance company’s settlement offer is too low, then we will file a car accident lawsuit and ask a court to order the insurance company to pay for all of your losses related to the accident. Negotiations to settle an injury claim may continue after a lawsuit has been filed and during preparations for trial. Some insurers don’t get serious about settling a case until it is ready for trial.
If your injury case goes to trial, then a South Carolina jury will evaluate the facts of the accident and decide what share of fault each driver has in the accident. The jury will assign fault. If a jury awards $100,000 in damages in an accident but decides that the injured party was 40 percent responsible for the accident, then the amount awarded would be reduced to $60,000.
