South Carolina Negligence Law and Comparative Fault
South Carolina follows a modified comparative negligence rule: if you are more than 50% responsible for the accident, you cannot recover damages. If you are 30% responsible and the defendant is 70% responsible, you can recover 70% of your damages. This rule shifts part of the liability burden to the injured person, which is why documenting the accident scene immediately (photos, witness names, police report) is critical.
The statute of limitations for personal injury claims in South Carolina is 3 years from the date of injury. After 3 years, you cannot sue, regardless of the strength of your case. If you are injured, contact a personal injury attorney within the first month to preserve evidence and file any necessary notices.
South Carolina allows both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, emotional distress) to be awarded. The amount of non-economic damages depends on the severity of injury, the defendant's behavior (recklessness increases awards), and the jury's judgment. An attorney will help you document and value both types of damages.
Car Accident Claims and Insurance Company Tactics
After a car accident, the at-fault driver's insurance company will contact you and request a recorded statement. Do not give this statement without an attorney present. Insurance adjusters are trained to ask questions in a way that shifts blame to you or minimizes your injuries, and a recorded statement can be used against you later in court.
Request a police report immediately if the accident involved significant damage, injury, or if you were hit by an uninsured driver. The police report carries weight in negotiations because it documents the officer's determination of fault. South Carolina law requires the at-fault driver's insurer to cover your medical expenses up to the policy limit (minimum $15,000 in most cases).
Insurance companies often send settlement offers early, hoping you will accept a quick payout without understanding your full injuries. Soft tissue injuries (whiplash, strains) can have long-term effects that are not apparent days or weeks after an accident. Accepting an early settlement can prevent you from recovering compensation for future medical care.
Medical Evidence and Damages Valuation
Documenting medical treatment is essential for valuing your claim. See a doctor immediately after an accident, even if you feel fine. Some injuries show up days or weeks later. Keep all medical records, bills, prescriptions and imaging (X-rays, MRI) because these form the basis for damages calculation.
South Carolina courts and insurance companies value pain and suffering using several methods. The most common is the multiplier method: the total medical bills are multiplied by a factor of 1.5–5x, depending on severity, to calculate pain and suffering damages. A $10,000 medical bill might result in $15,000–$50,000 in pain and suffering awards.
Lost wages are calculated from your pay stubs and your employer's records. If you were self-employed or a contractor, documenting income via tax returns and business records is critical. Ongoing lost earning capacity (future lost wages due to permanent injury) is also recoverable and requires expert testimony.
Charleston Personal Injury Law Services
Contingency fees: we take a percentage only if you recover damages.
| Service | Price | Details |
|---|---|---|
| Contingency fee (car accident, slip and fall) | 33% of recovery | No upfront cost; paid only if you win |
| Increased fee for appeal or trial | 40% of recovery | Higher complexity if case goes to court |
| Initial case evaluation | Free | 30-minute consultation to review injury and liability |
| Medical records and court filing | Included | We handle all administrative work |
| Expert witness coordination | Included | Medical, accident reconstruction experts as needed |
| Negotiation and settlement | Included | We handle all insurance company negotiations |
Free Consultation for Your Injury Claim
Tell us about your accident and injuries. No fee until we recover money for you.
Schedule Free ConsultationFrequently Asked Questions
How long do I have to file a personal injury lawsuit in South Carolina?
3 years from the date of injury. After 3 years, the statute of limitations expires and you lose the right to sue.
How much is my injury claim worth?
Value depends on medical bills, lost wages, severity of injury, and defendant negligence. Most cases settle between 1.5-5x the medical bills.
Should I accept the insurance company's first settlement offer?
No. Early offers are often low-ball and do not account for future medical care or long-term effects. Consult an attorney before accepting.
Do I have to go to trial, or can we settle?
About 90% of personal injury cases settle without trial. We negotiate aggressively; trial is a backup option if the insurer refuses a fair settlement.
What is comparative negligence in South Carolina?
If you are more than 50% responsible for the accident, you cannot recover. If less than 50%, you recover your percentage of damages.