Frequently Asked Questions in South Carolina

After an accident in South Carolina, many people feel overwhelmed by the legal process, medical recovery, and uncertainty about what comes next. Whether you’re recovering from a car crash in Charleston, a fall in Greenville, or a workplace injury in Columbia, it’s important to know your rights. This FAQ page offers helpful information for victims and families navigating the aftermath of serious accidents.

What is the statute of limitations for personal injury claims in South Carolina?

In South Carolina, the statute of limitations for most personal injury lawsuits is three years from the date of the injury. That means you must file your claim within that time or risk losing the right to recover compensation. This applies to car accidents, slips and falls, and other injury cases. Certain claims, like those against government entities, may have shorter timeframes.

Can I recover damages if I was partially at fault?

Yes. South Carolina follows a modified comparative negligence rule. As long as you are less than 51 percent at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

What should I do immediately after a car accident?

Make sure everyone is safe and call 911 to report the crash. Exchange information with other drivers and take photos of the scene. If you’re injured, seek medical attention as soon as possible. It’s also a good idea to contact a personal injury attorney before speaking with insurance adjusters.

How are pain and suffering damages calculated?

Pain and suffering damages in South Carolina are considered non-economic losses. These can include physical discomfort, emotional distress, anxiety, and loss of enjoyment of life. There is no set formula, so the amount varies depending on the severity and long-term impact of your injuries.

What if the driver who hit me doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may be able to file a claim through your own uninsured motorist coverage. South Carolina requires drivers to carry this type of coverage as part of their policy. You should notify your insurance company promptly after the accident.

Can I file a claim for injuries caused by poor road conditions?

Possibly. If your accident was caused by unsafe roads, such as large potholes or lack of signage, you may have a claim against the government agency responsible for maintenance. These cases have specific deadlines and require special notice, so speak with an attorney quickly if poor road conditions were a factor.

What is a dram shop claim?

A dram shop claim allows you to hold a bar, restaurant, or liquor store liable if they overserve alcohol to someone who later causes an accident. South Carolina law prohibits businesses from serving clearly intoxicated individuals. These claims are often filed in drunk driving injury cases.

Are dog bite injuries covered by personal injury law?

Yes. In South Carolina, dog owners are generally held strictly liable if their dog bites someone, even if the dog has never been aggressive before. Victims may be entitled to compensation for medical bills, scarring, and emotional trauma. It’s important to report the bite and document your injuries.

How can I get a copy of my crash report?

You can request a copy of your accident report through the South Carolina Department of Motor Vehicles or the law enforcement agency that responded. Visit https://scdmvonline.com for details. You’ll need the report number, names of those involved, or the date and location of the accident.

What happens if I was injured while visiting South Carolina?

If you were injured while traveling in South Carolina, you still have the right to file a claim in this state. South Carolina’s laws will apply, regardless of where you live. It’s helpful to work with a local attorney who understands the court system and can assist you remotely if needed.

Do I need to go to court to win my case?

Not necessarily. Many injury cases settle out of court through negotiations with insurance companies. However, if a fair agreement can’t be reached, your attorney may recommend filing a lawsuit and preparing for trial. Having legal support from the beginning improves your chances of success either way.

Can I claim lost wages after an injury?

Yes. If you miss work because of your injury, you may be entitled to recover lost income. You can also seek compensation for lost future earnings if your injury affects your ability to return to your previous job or career. Keep detailed records and employer documentation to support your claim.