What makes South Carolina personal injury cases different?
South Carolina follows a modified comparative negligence rule. This means you can recover compensation as long as you are less than 51% at fault for the accident. However, your recovery is reduced by your percentage of fault.
For example, if you are found to be 20% at fault, your total recovery would be reduced by 20%. Insurance companies often try to shift blame onto injured drivers to reduce what they have to pay, which makes early investigation and evidence preservation extremely important.
What insurance coverage is required in South Carolina?
South Carolina requires minimum auto insurance coverage of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
The state also requires uninsured motorist coverage, and many drivers carry underinsured motorist coverage.
Because many drivers carry only minimum limits and a significant number of drivers are uninsured, identifying all available insurance coverage is critical. This can include multiple vehicle policies, umbrella policies, or employer coverage depending on the facts of the case.
Example: If you have $50,000 in medical bills and the at-fault driver only carries a $25,000 policy, their insurance may not fully cover your damages. In that situation, your own underinsured motorist coverage may apply.
This makes early investigation of coverage critical, and it is important to have a confident attorney who can explore every available avenue of recovery.
Are punitive damages available in South Carolina?
Yes, punitive damages are available in South Carolina in cases involving reckless, willful, or intentional conduct, such as drunk driving. In many cases, punitive damages can significantly increase the value of a claim.
Importantly, in some situations, insurance policies may cover punitive damages. This can create additional opportunities to recover compensation beyond the standard bodily injury limits. A skilled attorney can identify these opportunities and pursue additional recovery where available.
Does health insurance paying my medical bills reduce what I can recover in South Carolina?
No, not automatically. South Carolina follows what is known as the collateral source rule. In simple terms, this means the person who caused the accident does not get a discount just because your health insurance helped pay your medical bills.
For example, if your medical bills were $20,000 but your insurance paid reduced them to only $2,000.00 balance, the at-fault party is still responsible for the full $20,00.00 in medical bills related to your injuries.ur
This is important because it can significantly increase the value of your case compared to states where only the reduced amount is considered.
What happens if a child is injured in South Carolina?
When a minor is injured, settlements typically require court approval. In many cases, a conservator may need to be appointed to manage the funds.
Settlement proceeds are often placed into a restricted account until the child turns 18. Proper handling ensures compliance with state law and protects the child’s financial interests.