Your South Carolina Personal Injury Lawyer

If you were injured in a South Carolina car accident, early action can significantly impact your recovery.

Biazzo Injury Law Serves Injury Victims Across South Carolina

Regions of the State We Serve

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.

Find Out How We Can Handle Your Case

Whether we represent you directly, work with local counsel, or connect you with a trusted attorney, we will guide you to the right next step.

Frequently Asked Questions About South Carolina Accidents

1

What should I do after a car accident in South Carolina?

After a car accident, your safety should come first. Call 911, check for injuries, and move to a safe area if you can. Exchange information with the other driver, including insurance details, and take photos of the vehicles, road conditions, and any visible injuries. If there are witnesses, try to get their contact information.

It is also important to seek medical care as soon as possible, even if you feel okay. Some injuries do not show symptoms right away. Before speaking with the insurance company or accepting any settlement, it is wise to understand your rights and make sure your case is being properly protected.

2

Is South Carolina a no-fault state?

No, South Carolina is an at-fault state. This means the driver who caused the accident is responsible for paying for damages such as medical bills, lost wages, and pain and suffering.

Because fault matters, insurance companies often try to argue that the injured person shares some responsibility for the crash. This is why having clear evidence and a strong case strategy early on is important.

3

Can I recover compensation if I was partially at fault?

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

For example, if you are 20% at fault, your total recovery would be reduced by 20%. Insurance companies often try to increase your percentage of fault to reduce what they have to pay, so it is important to protect yourself early in the process.

4

What if the other driver does not have insurance?

If the at-fault driver does not have insurance, your uninsured motorist coverage may apply. This is part of your own auto insurance policy and is required in South Carolina.

Uninsured motorist coverage can help pay for your medical bills and other damages when the other driver cannot. If the driver has some insurance but not enough, your underinsured motorist coverage may also apply. Identifying all available coverage is an important part of building a strong case.

5

How much is my South Carolina car accident case worth?

The value of your case depends on several factors, including your medical bills, lost wages, pain and suffering, and the long-term impact of your injuries.

Serious injuries that require ongoing treatment or affect your ability to work often result in higher compensation. The amount of available insurance coverage also plays a major role. A careful evaluation of your damages and all available policies is necessary to determine the true value of your case.

6

How long do I have to file a claim in South Carolina?

In most cases, you have three years from the date of the accident to file a personal injury claim. If the accident resulted in a death, the time limit is generally two years.

It is important not to wait until the deadline approaches. Evidence can be lost, witnesses can become harder to find, and insurance companies may take advantage of delays. Acting early helps protect your case.

7

Should I talk to the insurance company after an accident?

You should be careful when speaking with insurance companies. Adjusters may ask questions in a way that could be used to shift fault onto you or reduce the value of your claim.

It is usually best to avoid giving a recorded statement or accepting a settlement offer until you fully understand the extent of your injuries and your rights under the law.

8

How long do I have to file a claim in South Carolina?

In most cases, you have three years from the date of the accident to file a personal injury claim. If the accident resulted in a death, the time limit is generally two years.

It is important not to wait until the deadline approaches. Evidence can be lost, witnesses can become harder to find, and insurance companies may take advantage of delays. Acting early helps protect your case.

9

How long does it take to settle a car accident case?

Some cases settle within a few months, while others take longer depending on the severity of the injuries and whether fault is disputed.

In South Carolina, cases involving serious injuries or unclear liability may take more time to properly investigate and negotiate. Rushing a case can lead to a lower settlement, so it is important to fully understand your damages before resolving your claim.

10

What if I start feeling pain days after the accident?

It is common for symptoms to appear hours or even days after an accident. Injuries such as whiplash, concussions, and soft tissue damage may not be immediately noticeable.

If you begin to feel pain or discomfort, you should seek medical attention right away. Delaying treatment can make your injuries worse and may also give the insurance company a reason to question your claim.

11

Can I recover compensation for pain and suffering?

Yes. In South Carolina, you can recover damages for pain and suffering if you are not primarily at fault. These damages are meant to compensate you for the physical pain and emotional impact of the accident.

Pain and suffering can be a significant part of your case, especially in situations involving serious or long-term injuries.

12

What happens if multiple vehicles are involved in the accident?

When multiple vehicles are involved, determining fault can become more complicated. Each driver’s actions may be evaluated, and responsibility may be shared among several parties.

Insurance companies will often try to shift blame between drivers to limit what they pay. A thorough investigation is important to clearly establish how the accident happened and who is responsible.

13

Do I need a lawyer for a car accident in South Carolina?

You are not required to have a lawyer, but it can make a significant difference in your case. Insurance companies have teams of adjusters and attorneys working to minimize payouts.

Having a lawyer can help ensure your case is properly investigated, your damages are fully documented, and your rights are protected throughout the process.

14

What if the accident involved a commercial truck or business vehicle?

Accidents involving commercial vehicles often involve larger insurance policies and more complex liability issues. In some cases, the company that owns the vehicle may also be responsible.

These cases require a detailed investigation to identify all responsible parties and all available insurance coverage, which can significantly impact the value of the case.

15

How can a South Carolina personal injury lawyer help me?

A personal injury lawyer can guide you through every step of the process. This includes investigating the accident, gathering evidence, identifying all available insurance coverage, and negotiating with the insurance company.

In South Carolina, where fault directly affects recovery, having a strong legal strategy from the beginning can make a meaningful difference in the outcome of your case.

Your South Carolina Personal Injury Lawyer

If you were injured in a South Carolina car accident, early action can significantly impact your recovery.

Start of Free Case Review

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.

Biazzo Injury Law Serves Injury Victims Across South Carolina

Regions of the State We Serve

South Carolina

Upstate Region

Western Arizona and the Colorado River Corridor presents a personal injury environment unlike any other region in the state, defined by the interaction between geography, seasonal population extremes, and the specific behaviors that border commerce, agricultural labor, casino culture, and Colorado River recreation produce in combination. Yuma's winter transformation is one of the most dramatic in any American city. A city of roughly 100,000 permanent residents swells with hundreds of thousands of winter visitors between October and March, while simultaneously reaching peak agricultural production that fills its roads with farm equipment, produce transport, and migrant labor vehicles. The insurance and liability picture is complex with agricultural vehicles, cross-border commercial trucks, military vehicles, and private passenger cars from across the country all sharing the same road network at peak season. US-93's crash history between Kingman and Nevada is a genuine public safety story. This highway is dangerous because it carries Las Vegas-bound traffic on a two-lane road that cannot safely accommodate the volume. Impatient passing attempts have produced fatal head-on crashes at closing speeds that leave no possibility of survivable outcomes. Bullhead City and Lake Havasu City's casino and recreation culture creates a DUI crash concentration among the highest in Arizona outside of major metro entertainment districts. When visitors cross from Laughlin's casinos back into Arizona on AZ-95 or AZ-68, the DUI crash risk on those routes is elevated and the insurance claims that result require careful investigation of the full circumstances.

The Upstate is one of South Carolina’s fastest-growing regions, with heavy traffic along Interstate 85, Interstate 385, and Interstate 26 contributing to a high volume of serious car and truck accidents. From Greenville to Spartanburg and surrounding communities, injury cases often involve congested corridors, commercial trucking routes, and rapidly expanding suburban roadways. Biazzo Injury Law is proud to represent accident victims throughout the Upstate Region of South Carolina and help them pursue the compensation they deserve. The Upstate encompasses a diverse mix of urban centers, growing suburbs, and rural communities, including Greenville, Spartanburg, Anderson, Easley, Greer, Simpsonville, Mauldin, Travelers Rest, Duncan, Boiling Springs, and many other towns throughout the region. As new residents and businesses continue to relocate to the area, traffic congestion has increased on major roadways such as Woodruff Road, Wade Hampton Boulevard, Laurens Road, Highway 123, Highway 29, and Interstate 85. These heavily traveled corridors frequently see collisions involving passenger vehicles, commercial trucks, motorcycles, and pedestrians. The region is also a major economic hub for South Carolina, home to large employers in manufacturing, healthcare, logistics, and distribution. The constant movement of commercial vehicles traveling to and from industrial facilities, warehouses, and distribution centers contributes to a significant number of trucking and commercial vehicle accidents each year. In addition, popular destinations such as downtown Greenville, Falls Park on the Reedy, Bon Secours Wellness Arena, Clemson University, and numerous shopping and entertainment districts generate substantial traffic throughout the region. Whether an accident occurs on a busy interstate, a crowded city street, or a rural highway, injured victims often face mounting medical bills, lost income, and uncertainty about their future. Biazzo Injury Law represents individuals and families throughout the Upstate who have been harmed by negligent drivers, unsafe property conditions, and other acts of negligence. Our goal is to help injury victims understand their rights, navigate the insurance claims process, and pursue the financial recovery they need to move forward after a serious accident.

South Carolina - Upstate Region

A fast-growing region in the northwest part of the county knownen for heavy I-85 traffic and strong economic growth, anchored by major cities like Greenville, Spartanburg, and Anderson.

South Carolina

Midlands Region

South Carolina - Midlands Region

The central hub of the state centered around the capital, with major highway intersections and steady commuter traffic in Columbia, Lexington, and Sumter.

South Carolina
Historic Lowcountry Region
South Carolina - Historic Lowcountry Region

A dense coastal region driven by tourism and port activity, with significant congestion and crash volume in Charleston, North Charleston, and Mount Pleasant.

South Carolina
Pee Dee Region
South Carolina - Pee Dee Region

The Pee Dee region and its key cities such as Florance, Hartsville, and Darlington are known for long highway stretches and trucking routes, where higher speeds often lead to more serious crashes.

South Carolina
Grand Strand Region
South Carolina - Grand Strand Region

With millions of visitors each year, the Myrtle Beach area sees heavy seasonal traffic and accidents involving both locals and out-of-state drivers.

South Carolina
Costal Lowcountry Region
South Carolina - Costal Lowcountry Region

This coastal region of South Carolina's Lowcountry continues to grow quickly, with increasing traffic around Hilton Head, Beaufort, and Bluffton leading to more accidents each year..

Frequently Asked Questions About South Carolina Accidents

What should I do after a car accident in South Carolina?

After a car accident, your safety should come first. Call 911, check for injuries, and move to a safe area if you can. Exchange information with the other driver, including insurance details, and take photos of the vehicles, road conditions, and any visible injuries. If there are witnesses, try to get their contact information.

It is also important to seek medical care as soon as possible, even if you feel okay. Some injuries do not show symptoms right away. Before speaking with the insurance company or accepting any settlement, it is wise to understand your rights and make sure your case is being properly protected.