Story by Joel Berly
July 30, 2025
When dealing with a personal injury case, what you say matters – especially in South Carolina, where the 51% modified comparative negligence rule applies. Saying the wrong thing can harm your case, reduce your compensation, or even disqualify you from receiving any settlement. Here’s a quick guide to avoid costly mistakes:
Key takeaway: Share everything with your lawyer, but stay cautious when speaking to others. This ensures your case remains strong and protects your right to fair compensation.
Admitting fault after an accident can seriously harm your personal injury case. In South Carolina, the modified comparative negligence rule means even minor admissions can reduce or completely eliminate your compensation. Here’s why staying cautious with your words matters.
South Carolina uses the "51% Bar Rule." This means if you’re found to be 51% or more at fault for an accident, you lose the right to any compensation. Even if your fault is less than 51%, your recovery will be reduced by that percentage. For instance, if your damages are $100,000 and you’re deemed 20% at fault, you’ll only receive $80,000. Every percentage of fault counts, so avoiding unnecessary admissions is critical.
Simple statements like "I’m sorry", "It was my fault", or "I missed the red light" can be interpreted as accepting liability.
"Sometimes accident victims ‘admit’ fault, even when they are not responsible, without realizing it." – Joye Law Firm
These seemingly harmless comments can weaken your case, even if you weren’t entirely at fault.
Insurance companies know how to use South Carolina’s fault rules to their advantage. They actively search for statements that could increase your fault percentage. Even a small increase in your assigned fault can significantly reduce your payout. That’s why it’s crucial to avoid making any admissions and stick to the facts.
Keep your statements factual and avoid guessing or speculating. If you don’t know something, it’s okay to say, "I don’t know". Focus on what you directly experienced and avoid discussing fault or making assumptions.
Even if you feel you might be partially at fault, you are under no legal obligation to admit it. Determining fault is the job of insurance adjusters, attorneys, and, if necessary, a jury. Your role is to provide accurate information, not to make judgments about responsibility.
For example, if you’re found 70% at fault, you would lose all rights to compensation, no matter how severe your damages. This makes it even more important to avoid admitting fault, especially in the immediate aftermath of an accident.
Insurance companies often try to shift blame to reduce their payouts. Don’t make their job easier by admitting fault. Instead, focus on:
Fault is determined through investigations and evidence, so let professionals handle that process. By being careful with your words and actions, you can protect your rights and strengthen your case in South Carolina.
Trying to downplay your injuries when speaking with your personal injury lawyer can seriously harm your case. Some people do this to appear tough or resilient, but minimizing your pain and limitations can lead to outcomes that reduce your compensation.
When you understate your injuries, you give insurance companies an opportunity to challenge your claim. Insurers closely examine medical records, looking for inconsistencies or gaps they can use to weaken your case. Missing or incomplete medical records often result in reduced compensation – or even outright denial of your claim. If your symptoms aren’t fully documented, insurers may exploit those gaps to their advantage. That’s why it’s critical to share every detail about your condition with your lawyer.
Your lawyer needs the full story about your injuries to build the strongest case possible. Providing complete details helps establish negligence, causation, and the extent of your damages. Even withholding information about what seems like a minor issue can limit your attorney’s ability to represent you effectively.
Holland & Usry Law Firm puts it this way:
"We tell clients to be totally forthright with their doctors as to the problems they are having. Do not worry if you come off as ‘a wimp.’ If the doctor doesn’t know what is wrong with you, he can’t help you and he can’t diagnose you properly."
For instance, if you fail to mention that your back pain is interfering with your sleep or that frequent headaches are affecting your ability to work, these issues might not get documented. This omission could impact your settlement demand. Thorough documentation not only ensures proper medical treatment but also helps avoid disputes with insurance companies.
Here’s a comparison of how full disclosure contrasts with minimizing your injuries:
| Full Disclosure | Minimization |
|---|---|
| Provides complete medical records that support your claim | Leaves gaps in documentation that insurers can exploit |
| Ensures proper diagnosis and records daily impacts | Prevents accurate assessment of your injuries |
| Strengthens settlement negotiations with detailed evidence | Weakens your position and reduces settlement offers |
| Builds credibility with consistent, thorough reporting | Creates inconsistencies that can harm your credibility |
Being open about all your symptoms strengthens your case, a crucial step for personal injury claims in South Carolina. Consistent and detailed records reduce the chances of disputes with insurers. Honest reporting helps establish a clear timeline, showing that your injuries are new and directly linked to the accident. Early and accurate documentation is essential to protecting your claim and developing a strong legal strategy.
Make sure to document everything – not just for your lawyer but also for your medical records. Talk about how your injuries limit your daily activities, describe every symptom, explain how they affect your work and personal life, and update your healthcare providers on any changes in your condition. This thorough documentation helps quantify the impact of your injuries, making it easier to calculate compensation for medical expenses, lost wages, and pain and suffering.
Revealing details about your personal injury case to the wrong individuals can seriously hurt your claim. Insurance companies and defense attorneys often keep a close eye on your online activity and conversations, looking for anything that could contradict your claims or question your credibility. Even casual comments or posts that seem harmless can be twisted and used against you during negotiations or in court. This isn’t limited to social media – any casual mention of your case can pose a risk.
Social media is particularly dangerous. Claims adjusters frequently review claimants’ online activity to discredit their personal injury cases. For example, one claimant seeking compensation for a neck injury posted videos of themselves lifting weights. The defense used this as evidence to argue the injury wasn’t as serious as claimed. In another instance, a plaintiff shared a lighthearted post about their accident shortly after it happened. This was later used to argue that they didn’t experience significant emotional distress.
The consequences can be severe. In one case, a plaintiff lost an $80,000 settlement because their daughter violated a confidentiality agreement by posting about the case on Facebook.
Even friends and family can unintentionally harm your case. Comments made in casual conversations can be used as evidence to cast doubt on your claims or even shift blame onto you. They might also post photos or updates that contradict your case, even if you weren’t directly involved.
During the discovery phase of your case, the opposing side can request access to your social media accounts. Deleting posts after the fact can make matters worse, as it may be seen as destroying evidence. Insurance companies are highly motivated to minimize payouts, and they often use social media as a tool to gather information against you.
To protect your case, it’s essential to know the difference between secure and risky communication methods. Here’s a quick guide:
| Safe Communication | Risky Communication |
|---|---|
| Talking about your case only with your attorney | Posting about your accident or injuries on social media |
| Keeping your social media accounts private and limiting access | Sharing photos or videos that contradict your claims |
| Avoiding any posts about your case or recovery | Discussing your case with friends, family, or coworkers |
| Consulting your lawyer before making any public statements | Making offhand remarks about the accident to acquaintances |
| Minimizing or stopping social media activity entirely | Posting about activities that could suggest you’re not injured |
The stakes are real. For example, a claimant who alleged chronic pain after an accident posted pictures of themselves enjoying an active vacation. These photos were later used as evidence to question the severity of their injuries, which led to a reduced settlement. Insurance companies and defense attorneys often rely on social media activity to assess the strength of a case, impacting settlement negotiations.
The best way to protect yourself is to stay silent. Avoid using social media while your case is ongoing. Adjust your privacy settings to limit access to only trusted individuals. Let your friends and family know about your case, and ask them not to post about you or tag you in any content. Above all, seek guidance from your legal team on how to manage your online presence.
Conversations with doctors or insurance representatives after an accident carry more weight than you might think. Every word you say is documented and can either strengthen or weaken your claim. These records often become critical evidence, shaping how adjusters and medical professionals assess your case.
Insurance adjusters are trained to ask leading questions – such as inquiring about your speed or whether you noticed the other car – to subtly shift blame onto you.
Similarly, doctors’ notes are closely examined for any signs of pre-existing conditions or inconsistencies in your account of the accident. For instance, one person injured in a rear-end collision casually mentioned to their doctor that they planned to return to weightlifting. This comment was later used to downplay their pain and injuries. In another case, a woman’s remarks about her hiking trips and travel plans were brought up during settlement discussions to argue for reduced compensation.
Admitting fault, even partially, can have serious consequences. It might lead to your insurance company covering damages, higher premiums, or even a blemish on your driving record. Under South Carolina’s comparative negligence laws, partial admissions can significantly reduce or completely eliminate your settlement.
Insurance adjusters may repeatedly question you, comparing your statements to police reports and medical records, looking for inconsistencies to lower your payout .
When speaking with doctors, focus solely on your accident-related injuries and how they affect your daily life. Avoid discussing unrelated topics like travel plans, hobbies, or unrelated medical history, as these details could be used against you. Similarly, when dealing with adjusters, remain polite, stick to the facts, and don’t hesitate to say, “I don’t know” if you’re unsure. Never provide a recorded statement without first consulting legal advice.
Taking quick action after an accident is critical to protecting your rights and preserving evidence. The longer you wait to contact an attorney and share the details of your case, the more you risk losing valuable evidence. Skid marks can fade, witness memories can blur, and camera footage may be overwritten – all of which could weaken your claim. To safeguard this evidence, reach out to your attorney as soon as possible.
Acting promptly not only helps preserve evidence but also strengthens your legal position. As one legal expert emphasizes:
"Retaining an attorney immediately following an accident is one of the most effective steps you can take to protect yourself and your future."
In 2022, there were over 140,000 traffic collisions in South Carolina, with Charleston County alone reporting more than 14,000 crashes. With such a high number of accidents, insurance companies have developed tactics to minimize payouts. From the moment an accident occurs, they often begin working against you. This makes it even more important to act quickly, both medically and legally.
Seek medical attention immediately and inform your lawyer about every injury, no matter how minor it may seem. Prompt treatment helps establish strong medical records, which are crucial for your case. Delays in seeking care can give insurers a reason to question the severity or cause of your injuries. Even a short gap in treatment can weaken your claim.
Make sure to document everything. Jot down the details of the accident, collect witness contact information, take photos of the scene, your injuries, any hazards, and property damage. Save all relevant communications as well.
Be completely honest and thorough when sharing your account with your lawyer. Withholding information can backfire and may even be considered insurance fraud. Providing a full and accurate story allows your attorney to build the strongest possible case for you.
Time is not on your side when it comes to evidence or legal deadlines. In South Carolina, the statute of limitations for personal injury cases is three years. As Kahn Law Firm, LLP explains:
"The sooner you come to us, the more evidence we will be able to find."
Keep a detailed journal of your pain levels, medical visits, and any limitations you experience in your daily life. Preserve records of lost wages, employment details, and coordinate with your attorney to gather medical records, prescriptions, and insurance statements.
Providing your lawyer with complete and timely information gives them the tools they need to maximize your compensation. Every detail you share strengthens your case and ensures your legal team can protect your rights effectively.
South Carolina follows a modified comparative negligence rule, also known as the "51% rule". This means you can only recover damages if you’re 50% or less at fault for an accident. For instance, if you’re awarded $100,000 but found to be 30% at fault, your compensation would be reduced to about $70,000.
Accurately determining fault is critical to the success of your case. Insurance companies are well-versed in this rule and may try to assign you a higher percentage of fault based on your statements. They can use any admission you make to lower their payout. This is why it’s crucial to avoid giving recorded statements to insurers without first consulting an attorney – they can twist your words to shift blame.
The urgency doesn’t stop there. South Carolina also enforces a three-year statute of limitations for personal injury claims. Missing this deadline means you lose the right to seek compensation altogether. Even delays within this timeframe can make it harder to collect vital evidence for your case.
The development of negligence laws in South Carolina highlights the importance of clear and careful communication. Local experts, like the attorneys at Berly Rouse, can provide essential guidance. Their familiarity with South Carolina court procedures, along with connections to medical professionals and investigators, strengthens your case. This local insight helps counter attempts to assign excessive fault and ensures your case is filed on time.
In South Carolina, the combination of the 51% rule and strict deadlines means every word you say matters. Honest and timely communication with your attorney equips them to protect your rights and build a strong case.
Safeguarding your personal injury case in South Carolina starts with knowing what to avoid and how to communicate effectively. The basics are simple: don’t admit fault, never downplay your injuries, keep case details private, and be upfront with your attorney from the beginning.
Share everything with your attorney – no filters, no omissions. Thanks to attorney-client privilege, your discussions stay confidential, allowing your lawyer to build the strongest defense possible with all the facts at hand.
When it comes to talking about your case with others, tread carefully. Stick to discussing case details exclusively with your attorney, and when necessary, limit your statements to just the facts.
This level of caution is crucial, especially given what’s at stake in South Carolina. Even a seemingly minor admission could affect your compensation, so timely and thoughtful communication is a must.
Honesty and responsiveness with your attorney are non-negotiable. Answer their questions promptly and let them handle all outside communications. By focusing on clear, fact-based discussions with your lawyer and minimizing outside interference, you’ll lay a solid foundation for your case.
To protect your personal injury case, it’s crucial to be mindful of what you say when speaking with your lawyer or others involved. Never admit fault, minimize your injuries, or make guesses about the accident. Statements like "I’m sorry" or "It was partly my fault" can easily be taken out of context and used against you.
Focus on sharing factual details about the incident and avoid discussing your case with anyone other than your attorney. Before making any detailed statements, consult your lawyer – they can provide guidance on how to communicate in a way that strengthens your case.
It’s crucial to steer clear of sharing details about your personal injury case on social media or even with friends and family. Why? Because anything you post or say could end up being used against you. Comments, photos, or updates about the accident, your injuries, or the legal process might be twisted or taken out of context to undermine your credibility or weaken your claim.
Even posts that seem harmless can backfire. For instance, a simple photo of you enjoying everyday activities might be misconstrued as proof that your injuries aren’t as severe as you’ve stated. To safeguard your case, it’s smarter to keep the details to yourself and let your attorney handle all communications tied to your claim.
If you’re involved in an accident in South Carolina, knowing what to do next can make a big difference in protecting your personal injury claim. Start by ensuring everyone’s safety and calling 911 to report the incident. Even if your injuries seem minor, it’s important to see a doctor as soon as possible – some injuries might not be immediately obvious.
While you’re at the scene, take photos of the accident and collect key details, like contact and insurance information from the other parties involved. Filing a police report is another critical step since it creates an official record of what happened. Be cautious about what you say – avoid discussing the details of the accident or admitting fault, as it could affect your case later on.
Don’t forget about South Carolina’s legal deadlines. You generally have three years from the date of the accident to file a personal injury lawsuit. Acting quickly and staying organized can strengthen your case and improve your chances of a favorable outcome.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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