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Last Modified on Sep 30, 2026
If you have recently suffered a personal injury, you may wonder what the average personal injury settlement in South Carolina is. While there are many numbers floating around the internet claiming to be personal injury settlement averages or personal injury calculators creating settlement amounts, it is ultimately not helpful to base your expectations on these sources as each personal injury case holds unique individual circumstances and considerations that determine settlement amounts.
The process of determining a personal injury settlement amount in South Carolina is extensive and requires essential representation of an individual’s rights and losses due to the injury. While there is not a specific calculation that determines how each case is settled, several categories are considered in settlement negotiations and determinations.
It is vital that injured individuals seek necessary medical treatment as soon as possible and keep record documentation throughout their recovery. This documentation acts as evidence that will help support a personal injury claim and result in a more fair and equitable result.
How Personal Injury Settlements are Determined in South Carolina
Personal injury settlements in South Carolina are generally determined through negotiations between an injured party and the at-fault party or either of their legal representation and insurance companies. Settlements are determined by various factors, including the following:
- Injuries and Property Damage: The extent of injuries and property damage contribute a large amount of the consideration when settlement amounts are negotiated. In general, cases with severe injuries and property damage leading to high medical expenses, long-term damages and disabilities, high costs of repair and replacement, and more warrant higher settlement amounts. The injured and damaged party can prove these losses through thorough documentation like receipts, bank statements, and other forms of recording.
- Lost Wages: If a personal injury results in the injured individual missing work and losing income, they can seek compensation for these lost wages. This can be negotiated to include not only past lost wages but also future loss of wages, especially in cases of severe injuries and disabilities that will prevent or hinder their ability to seek gainful employment in the future.
- Pain and Suffering: Compensation is at times granted for non-economic losses like physical pain, emotional distress, loss of enjoyment of life, and more that was caused by the injury. This tends to be the most subjective aspect of calculating damages and will vary greatly depending on the circumstances of each case.
- Liability and Negligence: The degree of fault and negligence of an at-fault individual is reviewed when determining settlement amounts. In general, if the at-fault party’s actions were significantly irresponsible and reckless, the amount of compensation awarded to the injured party can increase greatly. South Carolina follows a modified comparative negligence rule. Under this rule, established by the South Carolina Supreme Court in Nelson v. Concrete Supply Co., 303 S.C. 243 (1991).Under this rule, an injured person can still recover compensation if they are found to be 50 percent or less at fault for the accident, though the amount is reduced by their percentage of fault. If a person is found 51 percent or more at fault, South Carolina law bars them from recovering any compensation. For example, if a jury awards $100,000 in damages but finds the injured person 20 percent at fault, the recovery is reduced to $80,000. If that same person were found 51 percent at fault, they would recover nothing.
- Insurance Coverage: The insurance policy details of the at-fault party’s insurance coverage will greatly influence the settlement amount. When an at-fault party’s insurance policy holds low coverage limits, it can limit the amount of compensation an injured party can receive through a settlement.
- Legal Representation: The effectiveness of an injured party’s legal representation greatly influences the settlement amount. Experienced personal injury attorneys can skillfully negotiate on behalf of their clients, advocating for their rights, and work toward a fair settlement amount based on the facts of the case. In general, thorough legal representation can improve the outcome of a claim.
The ultimate goal of a personal injury settlement is to compensate the injured party for their losses and expenses resulting from and related to the injury in a fair and equitable way. It is vital that an injured individual seeks legal advice and representation from a qualified personal injury attorney to understand their rights, assess the value and viability of their claim, and negotiate favorable settlement amounts.
How Long Do You Have to File a Personal Injury Claim in South Carolina?
South Carolina law sets a deadline for filing a personal injury lawsuit, known as the statute of limitations. Under S.C. Code § 15-3-530(5) and § 15-3-535,, most personal injury claims in South Carolina must generally be filed within three years of the date of the injury, or the date the injury was discovered or reasonably should have been discovered. This three-year deadline generally applies to car accidents, slip and falls, dog bites, and similar injury claims.
This deadline can shift in some situations. For example, the clock may pause, or “toll,” while an injured person is a minor or is found to be under a legal disability. Claims against a government agency in South Carolina generally follow a much shorter notice deadline. Because these exceptions are fact-specific, it is best to speak with a personal injury attorney as soon as possible after an accident to confirm the deadline that applies to your case.
If a fair settlement cannot be reached before the deadline, a personal injury lawsuit in Sumter County is generally filed in the Court of Common Pleas at the Sumter County Judicial Center, part of South Carolina’s Third Judicial Circuit.
FAQs About South Carolina, Personal Injury Settlements
Q: How Much Do Lawyers Take From Settlements in South Carolina?
A: The amount lawyers take from personal injury settlements in South Carolina depends on the specifics of each case. Typically, personal injury attorneys work on a contingency fee basis, which means they only receive payment if their client’s claim is successful and will get paid a percentage of the settlement amount. Many personal injury attorneys charge in the range of 30% to 40% of the settlement amount, though the exact percentage should always be set out in a written fee agreement before your case begins.
Q: How Is Pain and Suffering Calculated in South Carolina?
A: Pain and suffering is calculated in South Carolina by reviewing the severity of suffering, pain, loss of enjoyment in life, lost reputation, psychological suffering, all mental and emotional harm, and all other non-economic damages. In general, the more severe the harm to an individual’s life is, the higher the damage amount they can recover.
Q: What Is the Average Settlement for a Car Accident in South Carolina?
A: An average settlement amount for a car accident in South Carolina cannot be easily determined as each case is unique, requiring individualized settlement determining. Settlements are created to cover all associated costs of an accident, such as injuries that lead to medical expenses and long-term effects, property damage, insurance coverage limits, legal representation, pain and suffering, and more. These costs greatly vary case by case, making an average amount an inconsistent starting point for those seeking damages.
Q: What Are the Damages for Personal Injury in South Carolina?
A: The damages for personal injury in South Carolina include both economic and non-economic damages. Economic damages include all tangible and quantifiable losses that have a monetary value, like medical expenses, lost wages, property damage, and other related expenses. Non-economic damages include losses that do not hold a specific or obvious dollar value but are compensable like pain and suffering, emotional distress, loss of enjoyment of life, and more.
Punitive damages are not automatic. A court may award them only if you prove, with clear and convincing evidence, that the other side acted in a willful, wanton, or reckless way. South Carolina also caps how much you can recover in punitive damages, though the cap is higher in the most serious cases.
Q: How Long Do I Have to File a Personal Injury Lawsuit in South Carolina?
A: In most cases, South Carolina gives you three years from the date of the injury to file a lawsuit, under S.C. Code § 15-3-530(5). Some situations, like claims involving a minor or a government agency, can change this deadline, so it is best to confirm your specific timeline with an attorney.
Q: What if I Was Partly at Fault for My Accident in South Carolina?
A: You may still be able to recover compensation. Under South Carolina’s modified comparative negligence rule, you can recover damages as long as you are found 50 percent or less at fault, though your compensation is reduced by your percentage of fault. If you are found 51 percent or more at fault, you generally cannot recover compensation.
Contact a Personal Injury Attorney in South Carolina Today
If you are pursuing a personal injury settlement, the personal injury attorneys at the Law Office of Charles T. Brooks III are here to help. Our office understands the life-altering effects of a personal injury and we hope to step into your case and offer solid and thorough legal assistance. Reach out today to set up a consultation and learn how our team can help you pursue the compensation you may be entitled to under South Carolina law.
