The Truth About Comparative Negligence in South Carolina episode artwork

EPISODE · Sep 18, 2025 · 16 MIN

The Truth About Comparative Negligence in South Carolina

from The Legal Truth

You want to sue after being in a vehicle accident, but were you glancing at your phone when it happened? Were you going five miles an hour over the speed limit? In this explanation of how comparative negligence works in South Carolina, Dirk J. Derrick, Esq. cautions that juries may reduce awards if they decide that the plaintiff bears some fault. “Very rarely will we get a focus group of 12 people or 100 people who will say that ‘plaintiff has no fault, if they fall, no matter how dangerous the condition is,’” he says to Pearl Carey, on the firm's professional staff. Dirk reveals how defense attorneys systematically search for any plaintiff conduct to reduce payouts, particularly in a state where plaintiffs lose all compensation if found more than 50% at fault. Through insights from focus groups, he demonstrates how even minimal plaintiff fault can significantly impact case outcomes and emphasizes the critical importance of understanding that "everything you do is going to be looked at and investigated."Learn More and Connect☑️ Dirk J. Derrick, Esq. | Derrick Law Firm | LinkedIn☑️ Pearl Carey | Derrick Law Firm | LinkedIn☑️ Derrick Law Firm on LinkedIn, Facebook, Instagram, YouTube, Avvo, Google Maps☑️ Subscribe Apple Podcasts | Spotify | Amazon Music | YouTubeDerrick Law Firm Injury Lawyers has included the information on this podcast as a service to the general public. Use of this podcast and any related materials does not in any manner constitute an attorney‐client relationship between Derrick Law Firm Injury Lawyers and the user. While the information on this podcast is about legal issues, it is not intended as legal advice and should not be used as a substitute for competent legal advice from a licensed professional attorney in your particular state. Anyone seeking specific legal advice or assistance should retain an attorney.Any prior results mentioned do not guarantee a similar outcome. The content reflects the personal views and opinions of the participants in the podcast and are not intended as endorsements of any views or products.This podcast could include inaccuracies. The information contained in this podcast does not constitute legal advice, and is not guaranteed to be correct, complete, or up‐to‐date as laws continue to change.In this podcast you will hear information about focus groups. Please note that not all of the Firm’s cases are presented to a Focus Group. Additionally, when speaking about juries or jurors in relation to a focus group, we are speaking of focus group participants and not actual trial juries or jurors.

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