Split liability claims result from a car accident, or any type of accident, where each party involved bears half of the blame for causing the incident. These situations do not outright prevent those injured from collecting compensation, but doing so can be more complicated. If your accident represents a 50/50 liability claim, getting help from a Greenville personal injury lawyer from Smith Jordan Law can improve your chances of securing the highest compensation available.
How is liability determined?
The person responsible for the accident is the liable party. This party pays the victim’s compensation, often through insurance coverage. Whether an accident occurs from a battle for a parking space, a road traffic accident, or takes some other form, determining liability is a critical opening step.
Insurance companies and attorneys conduct a post-accident analysis to find out what happened, determine liability, and collect evidence to establish negligence. An attorney can protect you from being assigned unwarranted blame and find evidence demonstrating the at-fault party’s negligence.
What is split liability?
Sometimes, different parties involved in an accident may each be partly responsible for the crash. For example, one driver may be 75% responsible and the other 25% responsible.
In South Carolina, the amount of liability each party holds factors heavily into how a claim plays out. Per the South Carolina Contribution Among Tort Feasors Act, victims can pursue damages as long as their fault does not exceed 50%. If they meet this criterion but still hold a smaller percentage of blame, their compensation is lowered by that percentage.
If both parties are equally responsible for an accident, the situation is referred to as a 50/50 split liability or a 50/50 insurance claim.
Can you seek compensation with a 50/50 split liability?
You can still file a personal injury claim and hold the other party responsible for damages in a 50/50 split. An experienced attorney will value your losses and send a settlement demand to the other side’s representatives. Most often, the other side comes back with a lower offer, saying your damages are worth less than the demand states.
Your attorney will fight to negotiate an amount to bring you a measure of justice and cover as many of your losses as possible. You can resolve your claim through a 50/50 split liability agreement when the sides come to a consensus regarding the amount.
How much can I collect in a 50/50 split liability situation?
The amount of compensation you collect from a liability claim varies according to the specific elements of your situation. Along with your degree of fault, the extent of your injuries, your bills, income loss, and pain and suffering all matter.
Receiving compensation, especially significant amounts, is more challenging with 50/50 liability. Insurance companies will emphasize your role in the accident and work to keep their payout to a minimum.
Your equal liability means you can only collect 50% of the determined value of your damages. If the calculated amount totals $10,000, you are likely eligible to collect $5,000.
We’re here to get you back on your feet
Smith Jordan Law has been serving injured South Carolinians for over 40 years. We have seen all kinds of accident situations and have a successful track record managing even the most complicated ones. Please call (864) 343-2222 or get in touch online to schedule your free consultation. Our caring, attentive, strategic team is ready to take on the challenges that come with a 50/50 split liability claim to bring you the most favorable claim resolution possible.