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Last Modified on Nov 06, 2026
If you’re holding an insurance adjuster’s settlement offer after an accident, you’re probably wondering if it’s fair or if you’re leaving money on the table. That question matters because once you sign a release, you typically cannot go back for more, even if your medical bills keep climbing.
What Makes a Florence Injury Settlement Offer Fair?
A fair offer covers what you’ve already paid, what you’ll likely pay later, and what the law allows for pain and suffering. Medical bills and lost wages are usually easy to document. The harder part is future costs, like ongoing therapy or a surgery your doctor has flagged as likely.
Adjusters are trained to settle for less than full value, and early offers often arrive before treatment is finished. If an offer doesn’t account for care you haven’t had yet, it’s incomplete.
Just as importantly, fairness depends on the maximum compensation actually available, which turns on the at-fault party’s insurance policy limits and whether they have personal assets worth pursuing beyond their coverage.
How Comparative Fault Changes the Math
South Carolina follows a modified comparative negligence rule with a 51% bar, established by the state Supreme Court in Nelson v. Concrete Supply Co. You can still recover if you’re partly at fault, as long as your share is 50% or less, but your compensation is reduced by that percentage. Adjusters may try to assign fault more aggressively than a jury would, since a higher fault number means a lower payout.
Why Policy Limits Often Cap What You Can Recover?
South Carolina requires drivers to carry liability coverage of at least $25,000 per person and $50,000 per accident, under S.C. Code § 38-77-140.
That minimum sounds reasonable until a serious crash leaves someone hospitalized for days; a hospital stay can burn through $25,000 fast. Checking the at-fault driver’s policy limits matters before you evaluate any offer. If the offer equals the policy limit, your own underinsured motorist coverage may be the next place to look.
What Happens to Your Settlement After Liens and Subrogation?
Winning a settlement and pocketing one are different things. Health insurers, Medicare, Medicaid, and workers’ comp carriers usually have a right to repayment through subrogation. Subrogation means they can claim back what they paid for your care.
However, South Carolina’s made-whole doctrine may limit what some private health insurers can recover until you are fully compensated. Medicare, Medicaid, and self-funded employer plans often follow different rules.
Here is how the process works:
- The at-fault insurer issues the settlement check.
- Lienholders submit reimbursement claims.
- Lien amounts are negotiated and often reduced.
- Remaining funds after liens, costs, and fees are paid to you.
Failing to negotiate liens is one common reason injured people walk away with far less than expected. Because liens, policy limits, and fault percentages all affect what you actually take home, many people have a Florence personal injury lawyer run the numbers before they accept anything.
FAQ’s About Settlement Offers After Florence Injury Claims
How do I know if my injury settlement offer is too low?
Compare the offer against your total medical bills, lost wages, and documented future care costs. If it doesn’t cover projected treatment your doctor has mentioned, it’s likely incomplete.
Can I negotiate a settlement offer myself?
You can, but adjusters negotiate for a living and know how to start with a low number. Once you sign a release, the case is closed for good, so there’s no second chance if new expenses appear later.
What if the at-fault driver doesn’t have enough insurance?
If the at-fault driver’s policy limit is lower than your damages, your own underinsured motorist coverage may fill the gap if you bought it. South Carolina insurers must offer this coverage, but it is not automatic. Checking both policies early avoids surprises after accepting an offer.
How long do I have to decide on a settlement offer?
There’s no fixed deadline to accept or reject an offer. But South Carolina’s three-year statute of limitations under S.C. Code § 15-3-530 limits how long you have to file suit if you reject it. Claims involving a government vehicle may have a shorter deadline of two years under the South Carolina Tort Claims Act, which can change your entire strategy.
Law Office Of Charles T. Brooks III: Your Florence Injury Law Firm
The Law Office Of Charles T. Brooks III has served clients throughout Sumter, Florence, and surrounding South Carolina communities since 1996. We offer a free consultation and may review your situation before you sign anything. If you’re staring at a number and wondering whether it’s fair, contact our firm today.
