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Last Modified on Mar 11, 2026
Being involved in a car accident can result in a lot of stress and anxiety, especially if you were injured. When people are injured in car accidents that happen through no fault of their own, they have the legal right to pursue compensation. Have you ever wondered how auto accident settlement calculations work in South Carolina? If you live in the state and drive a car, you can prepare yourself for the unexpected by finding out.
Auto Accidents in South Carolina and the United States
Car accidents are an unfortunate reality of modern life. Most of us get in our cars every day to drive to work, school, and wherever else we need to go without so much as a second thought, but getting on the road is an inherently dangerous activity. In the United States, there were 40,901 recorded car accident fatalities in 2023.
South Carolina is no exception to this national problem. The South Carolina Department of Public Safety publishes reports on crash data, the most recent of which covers the year 2023. In that year, there were 2,041 collisions resulting in serious injuries in South Carolina.
When Can an Auto Accident Victim Claim Compensation?
If a person is injured in a car accident caused by another person’s negligence or wrongdoing, they may have a legitimate case to claim compensation. South Carolina considers the concept of comparative negligence when determining liability for accidents. This means that more than one party can be considered liable for an accident if more than one party was negligent.
So, if you happen to be injured in a car accident caused by someone else speeding, but you also did something negligent, like driving while distracted or running a stop sign, you could also be found partially liable for the crash. In a case like this, even if you were partially at fault for the accident, you could still collect damages for your injuries. The compensation you receive would likely be reduced according to your determined portion of liability.
For example, if you were found to be 25% responsible for your accident, your damages could be reduced by 25% compared to what they would have been if the other party were 100% at fault.
What Compensation Can an Auto Accident Victim Receive?
When a car accident victim goes to seek compensation, the first stop is usually the other driver’s insurance company. However, filing an insurance claim usually doesn’t result in the kind of compensation injured people need to cover their expenses. At this juncture, it is a good idea to hire a car accident lawyer and file a personal injury claim.
Personal injury settlements usually include the following compensation categories:
- Medical bills: Car accident injuries can be severe and can result in significant medical bills. A fair settlement should cover all medical expenses that come from the accident, including initial emergency care and ongoing expenses like physical therapy.
- Lost wages: If you are injured in a car accident, there is a fair chance that you won’t be able to work for a while. Lost wages can translate to a serious financial burden on you and your family, and possibly even job loss, depending on the severity of your injuries.
- Pain and suffering: Physical pain from a serious injury can be difficult to deal with on its own, let alone the psychological effects of a traumatic event like a car accident. This aspect of personal injury compensation accounts for both physical and psychological pain and suffering.
These damages are calculated based on your actual losses. If you have ongoing medical expenses or a situation in which you’ve lost the ability to do your job, projected medical bills and projected lost wages may be added to your actualized losses. An experienced attorney can help you with the process of keeping track of your expenses during your medical recovery, as well as projecting further losses.
FAQs
How Long Do I Have to File a Claim for a Car Accident Injury in South Carolina?
If you have been injured in a car accident in South Carolina, you have three years from the date of the injury to file a personal injury claim. This time limit is called a statute of limitations (Section 15-3-530 of the South Carolina Code), and after the three-year window has passed, any legal claim you file will be dismissed by the courts.
How Are Pain and Suffering Calculated in Personal Injury Claims?
Pain and suffering are a typical component of a personal injury settlement. Although it may seem strange to quantify pain and suffering, there are accepted calculation methods, namely the per diem method and the multiplier method. In the per diem method, pain and suffering calculations are based on the victim’s usual daily earnings. In the multiplier method, the total financial losses are multiplied by a number representing the overall victim impact.
What if an Injury Results in the Need for Long-Term Care?
If a car accident injury results in a victim needing long-term medical care, such as rehabilitation, a home health nurse, medical equipment, or residency in a long-term care facility, those expenses should be built into the settlement. With the help of a physician, the care needs and estimated costs can be projected.
Do Most Personal Injury Cases Go to Trial?
No, most personal injury cases do not go to trial, including those involving car accident injuries. If a claimant has a legitimate case that is likely to be successful in court, the defendant is likely to be very motivated toward a settlement. However, if personal injury cases do go to trial, they are typically handled by the South Carolina Circuit Court in the claimant’s county of residence. For example, Columbia cases would be held in the Richland County Courthouse.
Need Representation? Hire a Car Accident Lawyer
If you’ve been injured in a car accident, you need an experienced attorney to help you get the compensation you deserve. At the Deas Law Firm, we have over 24 years of experience advocating for injury victims. Contact us today to talk about your case.
