South Carolina Personal Lines Practice Exam

What happens to awarded damages in a comparative negligence scenario?

1. Awarded damages are increased by the percent of negligence of each party

2. Awarded damages are reduced by the percent of negligence of each party

3. Awarded damages are fixed regardless of negligence

4. Awarded damages are doubled if negligence is proven

The correct answer is: Awarded damages are reduced by the percent of negligence of each party

In a comparative negligence scenario, awarded damages are reduced by the percentage of negligence attributed to each party involved in the incident. This means that if a plaintiff is found to be partially at fault for their own injuries, their compensation will be lowered proportionally to their share of the negligence. For example, if a court determines that a plaintiff was 20% responsible for the accident, their total damages would be reduced by 20%. This approach reflects a fairer method of assigning responsibility and compensating damages, as it acknowledges that multiple parties can share fault and ensures that individuals are only liable for their proportional share of the incident. Consequently, this system encourages safe practices by promoting personal responsibility while still allowing for recovery in cases where one party is primarily at fault.