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Last Modified on Feb 23, 2026
When you’ve experienced an accident caused by another person, you likely have searched for South Carolina pain and suffering settlement examples. The amounts awarded vary widely with the unique factors of each case, but some factors can be used to estimate fair compensation.
Hire a Personal Injury Lawyer
It is easier to reach a fair settlement agreement when you hire a personal injury lawyer to represent your interests. At Deas Law Firm, we have decades of experience in recovering fair compensation for our South Carolina clients in their personal injury cases.
Personal Injuries in South Carolina
Personal injuries can occur anywhere at any time. Being cautious and taking steps to protect yourself are not always sufficient to prevent an accident. The South Carolina Department of Public Health tracks accidental injuries through an Injury Data Dashboard.
In South Carolina, personal injuries resulted in 6,173 fatalities, 28,629 hospitalizations, and 467,731 emergency room visits during 2023. The counties with the highest rates of personal injuries per 100,000 include:
- Colleton at 198.8
- Fairfield at 194.7
- Jasper at 194.4
- Dillon at 182.5
- Bamberg at 174.6
- Georgetown at 164.8
- Chester at 162.1
- Lee at 160.0
- Orangeburg at 144.7
- Chesterfield at 142.4
When you experience an accident caused by someone else, you can begin the process of seeking compensation through insurance. If insurance doesn’t apply to your situation or you cannot reach a fair settlement amount, you may have to file a civil claim.
Civil claims for personal injury cases are handled in the county where you reside or where the injury occurred. For claims that are a smaller monetary amount, you file in the Magistrates Court. Higher monetary value claims are filed in the Court of Common Pleas.
Types of Recoverable Damages
Per South Carolina Code § 15-3-530, personal injury claims have to be filed within three years of the date the accident occurred or three years from the date a reasonable person would have discovered the personal injury.
Three types of damages can be recovered in a personal injury claim. They are:
- Economic damages: These include items with specific monetary value. Victims are entitled to reimbursement for medical expenses (including future expenses), lost wages, and any other expenses that have resulted from the accident.
- Non-economic damages: These are non-tangible and more subjective. Pain and suffering is one type of non-economic damage. You can also seek compensation for loss of life enjoyment, loss of companionship, and emotional distress.
- Punitive damages: As a special type of compensation, punitive damages are not guaranteed and must be specifically requested when filing a claim. They are most common when an accident resulted from gross negligence or malice.
Signs of a Good Settlement Offer
It can be challenging to know if a settlement offer is being made in good faith, especially without the counsel of a South Carolina personal injury attorney. However, there are some signs of a good settlement offer. An offer made in good faith should include:
- Medical expenses, including future medical needs
- Lost wages and future earning capacity
- Property replacement costs
- Pain and suffering
- Adjustments for fault determinations
- Insurance policy limits and state-specific compensation caps
- The ability to negotiate before the offer is final
FAQs
What Is the Average Pain and Suffering Settlement in South Carolina?
There is no average settlement amount for pain and suffering in South Carolina. Pain and suffering is calculated as part of your non-economic damages after an accident. More severe injuries often result in higher non-economic damages being awarded.
Compensation for non-economic damages is also influenced by the strength of your evidence. When there is clear evidence that the accident caused pain and suffering, the awarded compensation is usually higher.
How Is Pain and Suffering Calculated in South Carolina?
There are two methods for calculating pain and suffering in South Carolina. The per diem method uses a set dollar amount per day. You are awarded a total amount based on the length of recovery.
The multiplier method uses a value from 1.5 to 5 to rank the severity of your injuries. The amount you are awarded for economic damages is then multiplied by that number to determine your non-economic damages, including pain and suffering.
How Do I Get the Most Out of a Pain and Suffering Settlement?
When you have been in an accident, there are a few steps you can take to get the most out of a future pain and suffering settlement. You should seek medical attention quickly and follow the advice of your doctor. Keep detailed records of all doctors’ visits and instructions.
Do not accept an offer without reviewing it with a qualified personal injury attorney first. Also, don’t accept an offer before your healthcare team notes your maximum medical improvement.
Is There a Cap on the Amount I Can Obtain for Pain and Suffering in South Carolina?
With the exception of medical malpractice claims, South Carolina’s personal injury laws establish no cap on the amount of compensation you can obtain for pain and suffering. Generally, this compensation is awarded based on the evidence and what a jury considers reasonable.
Victims are often awarded higher amounts when represented by a personal injury attorney. Your attorney knows what evidence is necessary to show how the accident has contributed to your pain and suffering and why you should be compensated.
Can I Recover Compensation If I Am Partially at Fault in South Carolina?
In South Carolina, you could recover some compensation if you are partially at fault. South Carolina follows a modified comparative negligence rule when determining if someone can seek compensation following an accident.
If you are 50% at fault or less, you can seek compensation after an accident. However, the amount you get is reduced by the percentage of fault you share. For example, if you are 20% at fault, your compensation is reduced by 20%.
Contact Deas Law Firm
Personal injury cases vary widely, from wrongful death or catastrophic injury claims to animal bites or medical malpractice. Motor vehicle and workplace accidents can also result in life-changing injuries.
Regardless of the circumstances of the accident, when you have been harmed by the careless or reckless actions of another person, you are entitled to fair compensation for your damages. Contact Deas Law Firm today to schedule your initial consultation.
