Accidents are more common in South Carolina than you might think. In 2022 alone, there were over 147,000 traffic collisions across the state, resulting in over 1,000 fatalities and more than 38,000 injuries, according to the South Carolina Department of Public Safety. Behind each number is a real person facing medical bills, lost wages, and long-term recovery.
Accidents happen in an instant, but the impact can last a lifetime. One moment you’re running errands or driving to work, and the next you’re facing pain, medical bills, and missed paychecks. If your injuries were caused by someone else’s careless actions, you may be entitled to financial compensation under South Carolina law. But the legal system can be overwhelming without guidance.
This guide breaks down what you need to know about personal injury claims in South Carolina. We’ll explain how negligence works, what steps to take after an injury, and how a personal injury lawyer can help you recover what you’re owed.
Understanding Personal Injury Law in South Carolina
Before we dive into specific types of injury cases, it’s important to understand how personal injury law works in South Carolina. Most of these cases are based on the concept of negligence.
What Is Considered a Personal Injury?
A personal injury refers to harm done to your body, mind, or emotional wellbeing. It is different from damage to physical property. If someone else’s actions caused your injury, you may be able to file a claim to recover money for your losses.
Some of the most common personal injury cases include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall incidents
- Workplace injuries
- Medical malpractice
- Dangerous or defective products
- Wrongful death
How Negligence Works in South Carolina
Most personal injury lawsuits are based on negligence. To hold someone legally responsible for your injury, you have to prove four things:
- Duty of Care
The person who hurt you must have owed you a legal duty. For example, drivers must operate their vehicles safely. - Breach of Duty
That person must have failed to meet their duty. A common example would be running a red light or texting while driving. - Causation
Their action or inaction must have directly caused your injury. If their behavior did not lead to your harm, they may not be held liable. - Damages
You must show that you suffered actual damages, such as medical expenses, lost wages, or pain and suffering.
Time Limit to File: South Carolina’s Statute of Limitations
South Carolina gives injury victims a limited amount of time to file a lawsuit. In most cases, you have three years from the date of the accident to file. This deadline is strict. If you miss it, you will likely lose your right to recover compensation.
Some exceptions may apply, especially if the injury was not immediately discovered or if the case involves a government agency. Speak with a lawyer as soon as possible to protect your rights.
Comparative Negligence in South Carolina
If you were partly at fault for the accident, you might still be able to recover damages. South Carolina follows a modified comparative negligence rule.
You can recover money if you were less than 51 percent at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were awarded $100,000 but found to be 20 percent at fault, you would receive $80,000.
Common Types of Personal Injury Cases in South Carolina
At Spartan Law, we help injury victims across the state get the compensation they need after serious accidents. These are some of the most common types of personal injury cases we handle.
1. Car Accidents
Car crashes are a leading cause of injury in South Carolina. According to the South Carolina Department of Public Safety, a traffic collision happens in our state every few minutes. Some of these accidents are minor. Others leave people seriously hurt or worse.
Common Causes of Car Wrecks
- Distracted driving, including texting behind the wheel
- Speeding
- Running stop signs or red lights
- Fatigued driving
- Aggressive or reckless behavior on the road
What to Do After a Car Accident
- Stay at the scene
Never leave the crash site before speaking with law enforcement. - Call 911
Report the accident and request medical help if anyone is hurt. - Exchange information
Get the other driver’s name, phone number, license plate, and insurance details. - Take photos
Document the scene, vehicle damage, and visible injuries. - Get witness info
Collect names and phone numbers of anyone who saw the crash. - Seek medical attention
Some injuries take hours or days to appear. Don’t assume you’re fine. Get checked out. - Speak with a lawyer
Insurance companies will try to protect their bottom line. We’re here to protect yours.
2. Truck Accidents
Accidents involving 18-wheelers and commercial trucks often result in devastating injuries. These cases are also more complicated than standard car accident claims.
Why Truck Accidents Are More Complex
- Victims are more likely to suffer life-changing injuries
- Multiple parties may be responsible, including the truck driver, trucking company, or cargo loaders
- Federal safety rules apply, such as hours-of-service limits and maintenance requirements
- Commercial trucking companies often have aggressive legal teams and high-limit insurance policies
Common Truck Accident Causes
- Driver fatigue or falling asleep at the wheel
- Speeding or aggressive driving
- Distracted driving
- Poor truck maintenance
- Unsecured or overloaded cargo
- Driving under the influence
Our firm has the experience and resources to investigate trucking companies and pursue full compensation for our clients.
3. Motorcycle Accidents
Motorcyclists face a higher risk of serious injury or death compared to drivers in enclosed vehicles. A careless driver can change a rider’s life in a split second.
Frequent Causes of Motorcycle Crashes
- Cars turning left in front of a motorcycle
- Unsafe lane changes without checking blind spots
- Speeding by either party
- Hazardous road conditions such as potholes or loose gravel
If you were hit while riding your motorcycle, we’ll fight to hold the driver accountable and pursue fair compensation for your injuries.
4. Workers’ Compensation Injuries
If you were hurt while working in South Carolina, you may be entitled to benefits through the state’s workers’ compensation system.
What Workers’ Compensation Covers
- Medical treatment for your injuries
- Partial wage replacement while you recover
- Permanent disability benefits if you cannot return to work
What to Do After a Workplace Injury
- Report the injury to your employer
You must give notice within 90 days of the accident. - See the approved doctor
In most cases, your employer will choose the medical provider. - File a claim
You have two years to file a workers’ compensation claim with the South Carolina Workers’ Compensation Commission.
Can You Sue for a Workplace Injury?
Generally, you cannot sue your employer. However, if a third party (such as a contractor or equipment manufacturer) caused your injury, you may be able to file a personal injury lawsuit in addition to your workers’ compensation claim.
5. Slip and Fall (Premises Liability)
South Carolina property owners have a legal duty to maintain safe conditions. If you slipped, tripped, or fell because of a hazard that should have been fixed, you may have a valid injury claim.
Common Hazards in Slip and Fall Cases
- Wet or freshly mopped floors with no warning signs
- Uneven flooring or sidewalks
- Broken handrails or steps
- Cluttered store aisles or walkways
- Poor lighting in stairwells or parking lots
We can help you prove the property owner was negligent and recover money for your medical costs, lost income, and pain.
6. Wrongful Death
When a loved one dies because of someone else’s negligence or recklessness, the emotional and financial toll can be overwhelming. No amount of money can replace your loss, but a wrongful death claim can help hold the responsible party accountable and provide financial security for your family.
Who Can File a Wrongful Death Claim in South Carolina?
Only the executor or administrator of the deceased person’s estate can file the claim. Any compensation recovered will go to the surviving family members, such as the spouse, children, or parents.
Types of Damages in Wrongful Death Cases
- Medical expenses from treatment before death
- Funeral and burial costs
- Lost income and financial support
- Loss of companionship, love, and guidance
- Emotional suffering of surviving family members
If you’ve lost a loved one in an accident, we are here to help you seek justice.
The Personal Injury Claim Process in South Carolina
After an accident, many people feel overwhelmed. Between doctor visits, insurance calls, and missing work, it can be hard to know what to do next. This chapter walks you through the general process of a personal injury claim in South Carolina, so you know what to expect.
Step 1: Get Medical Care Right Away
Your health comes first. Always get checked by a medical professional after an accident, even if you feel fine at first. Some injuries, such as concussions or internal damage, may not show symptoms right away.
Seeing a doctor also creates a medical record that connects your injuries to the accident. This will be important evidence in your claim later on.
Step 2: Speak with a Personal Injury Lawyer
Before you speak to the insurance company, it’s a good idea to talk with a lawyer. Insurance adjusters may seem friendly, but their job is to settle your claim for as little money as possible.
A personal injury attorney can:
- Help you understand your legal rights
- Handle all communication with the insurance companies
- Make sure you do not say anything that could hurt your case
- Start building a strong claim right away
At Spartan Law, we offer free consultations. There is no pressure and no obligation to move forward unless you’re ready.
Step 3: Your Lawyer Investigates the Case
Once you hire us, we begin a detailed investigation. This includes:
- Getting a copy of the police or incident report
- Gathering your medical records and bills
- Interviewing witnesses
- Taking photos or video of the accident scene
- Working with experts when needed, such as accident reconstruction specialists
This stage helps us build a strong, evidence-backed claim to present to the insurance company.
Step 4: Filing a Claim and Negotiating a Settlement
We will send a demand letter to the at-fault party’s insurance company. This letter outlines:
- How the accident happened
- The injuries and damages you suffered
- Why the other party is responsible
- How much compensation we are seeking
From there, negotiations begin. Our goal is always to get you a fair settlement without dragging things out longer than necessary. We will keep you informed every step of the way.
Step 5: Filing a Lawsuit if Necessary
If the insurance company refuses to offer a reasonable settlement, we may recommend filing a lawsuit. This does not mean your case will definitely go to trial, but it shows the other side that we are serious about getting justice for you.
Step 6: Discovery Phase
After a lawsuit is filed, both sides begin what is called discovery. This is where we exchange information and evidence with the other party. It may involve:
- Written questions called interrogatories
- Requests for documents such as insurance policies, maintenance logs, or employment records
- Depositions, which are recorded statements taken under oath
Discovery allows both sides to fully understand the strengths and weaknesses of the case.
Step 7: Mediation or Settlement Talks
Most personal injury cases are resolved before trial. Mediation is a common way to reach an agreement. A neutral third party helps both sides try to reach a fair settlement. If a resolution is possible, this step can save time, stress, and legal expenses.
Step 8: Trial
If no agreement is reached, your case will go to trial. A judge or jury will hear both sides and decide who is responsible and how much compensation you should receive.
While going to court may sound intimidating, we will handle all the legal work, prepare your case, and stand by your side through every step.
What Your Personal Injury Case May Be Worth
One of the most common questions we hear is, “How much money can I get for my case?” The answer depends on many factors, including the severity of your injuries, the insurance coverage available, and how the accident has affected your life.
Every case is different, but below are the main types of compensation (called “damages”) that you may be able to recover.
Types of Compensation Available in South Carolina
1. Economic Damages
These are the financial losses you can prove with bills, receipts, and pay stubs. They include:
- Medical expenses, including ER visits, surgery, physical therapy, and medication
- Future medical costs if your treatment will continue
- Lost wages from time you missed at work
- Loss of earning capacity if you can’t return to your previous job
- Damage to your vehicle or other personal property
2. Non-Economic Damages
These losses are harder to measure with a receipt, but they are just as real. Non-economic damages may include:
- Pain and suffering caused by your injuries
- Emotional distress or mental trauma
- Loss of enjoyment of life if you can no longer participate in activities you once enjoyed
- Loss of companionship or impact on your relationship with a spouse
Insurance companies often try to minimize these damages. We work to show how the injury has truly affected your daily life.
3. Punitive Damages
In rare cases, South Carolina allows punitive damages. These are meant to punish a person or company for reckless, intentional, or grossly negligent behavior.
Examples may include drunk driving accidents or cases involving dangerous products where the manufacturer ignored known safety risks.
Factors That Affect the Value of Your Claim
Many elements go into calculating what your case may be worth. Some of the most important factors include:
- The severity and type of your injuries
- The length of your recovery and whether you will have permanent damage
- Whether you can return to your job or must switch careers
- The strength of the evidence against the at-fault party
- Insurance policy limits and whether multiple parties are liable
- Your age, health, and income before the accident
It is also important to understand that while online settlement calculators may give you a number, they often ignore key details. A real case requires a thorough legal and financial analysis.
At Spartan Law, we take the time to understand your full situation before estimating the value of your claim.
Why You Need an Experienced South Carolina Personal Injury Lawyer
After an accident, you may be wondering if you really need a lawyer. It’s a fair question. Technically, you can file a claim on your own but doing so without legal help often means leaving money on the table.
Here’s why hiring a personal injury attorney is one of the smartest moves you can make.
Insurance Companies Are Not on Your Side
Insurance adjusters are trained to protect their company’s bottom line. They may sound polite, but their job is to minimize the amount they pay you. That often means denying part of your claim or offering a quick, low settlement before you understand the full impact of your injuries.
We deal with insurance companies every day. We know the tactics they use, and we know how to fight back.
Understanding South Carolina Injury Law
Personal injury cases involve detailed rules about fault, damages, evidence, and deadlines. South Carolina’s legal system is complex and every decision you make can affect your case.
A skilled injury lawyer will guide you through the process and make sure every legal requirement is met. From the statute of limitations to comparative negligence laws, we protect your rights at every step.
Resources to Build a Strong Case
Some law firms settle fast and move on. We do things differently. When we take your case, we investigate thoroughly. That means gathering evidence, speaking to witnesses, hiring experts, and preparing for trial from day one.
Our goal is always to negotiate a fair settlement. But if that fails, we’re ready to go to court.
Maximizing Your Compensation
Studies show that injury victims who hire lawyers typically recover more money than those who handle claims alone. That’s because an experienced attorney knows how to:
- Identify every type of damage you are entitled to
- Accurately value future costs such as long-term care or lost earning potential
- Push back against lowball offers
- Build a case that insurance companies take seriously
You Focus on Recovery. We Handle the Rest.
Accidents take a toll on your health, finances, and emotions. When you hire us, we take the pressure off your shoulders so you can focus on healing.
You do not need to chase paperwork or argue with adjusters. We handle all of that and you pay us nothing unless we win your case.
Get the Help You Deserve
If you or someone you love has been injured because of someone else’s negligence, you do not have to go through it alone. You deserve answers. You deserve support. And you deserve to be treated fairly.
At Spartan Law, Thomas Conits committed to standing up for accident victims across South Carolina. We fight to get you the full compensation you need to move forward and we do it with compassion, skill, and experience.
Let’s talk about your case, answer your questions, and help you understand your next steps.
Call us today for a free, no-obligation consultation.
