South Carolina Car Accident Lawyer

How Much Does a Car Accident Lawyer Cost in South Carolina?

Most South Carolina car accident lawyers work on contingency fees, which typically amount to 33-40% of your settlement. However, the exact percentage can vary based on an attorney's experience and whether it goes to trial.

Contingency fees can be highly beneficial to injured individuals. Not only does a contingency agreement make quality legal representation accessible regardless of your financial situation, but your attorney will also be motivated to fight hard. They only get paid when you get paid. In most cases (but make sure to check with the attorney), they will also advance case expenses, like filing costs, expert witness fees, and others.

How to Hire a South Carolina Car Accident Attorney

Don't make the mistake of picking the first law firm you see on a billboard. A little research can pay off. Make sure to hire an attorney who has experience and a track record of successfully handling car accident claims. Look for someone who communicates clearly and has trial experience (even if your case likely settles).

During your free consultation, ask questions about the lawyer's experience with cases similar to yours and results achieved for past clients. And don't forget to clarify whether they work on contingency. Listen to your gut feeling, too. You may be spending a lot of time with your lawyer and will want to work with someone who is communicative and empathetic, and who openly answers your questions.

What Is the Average Car Accident Settlement in South Carolina?

No two car accident settlements are the same, as payouts depend on the extent of the victim's injuries and damages. However, the average car accident settlement as of 2025 is around $30,000. That said, for catastrophic injuries, the figure can be much higher, from $500,000 and upward.

Your specific settlement will depend on several factors, including medical expenses, lost wages, property damage, pain and suffering, and South Carolina's comparative fault rules. Unfortunately, insurers know that unrepresented victims typically settle for far less than their cases are worth, which is why having a seasoned advocate by your side is crucial for recovering what you need and deserve.

Filing a Car Accident Lawsuit in South Carolina

South Carolina's legal system has specific requirements and deadlines that can make or break your car accident claim. Here's what to know:

• Deadline for filing a lawsuit. According to South Carolina's statute of limitations under Section 15-3-530(5), you have 3 years from the accident date to file for personal injury claims. But waiting too long could damage your case as evidence disappears.
• South Carolina comparative fault rule. South Carolina follows a modified comparative fault rule under the Contribution Among Tortfeasors Act, meaning you can recover damages even if you're partially at fault, but your compensation will be reduced by your percentage of fault. If you're found to be 50% or more at fault, you cannot recover damages.
• Minimum insurance for car drivers. South Carolina requires drivers to carry liability and uninsured motorist coverage with minimum limits of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage.
• Police report. South Carolina generally requires you to report accidents to law enforcement when there are injuries, deaths, or significant property damage.
• South Carolina damage caps. Usually, South Carolina has no caps on economic damages for car accident cases, though there are caps for medical malpractice and punitive damages in certain circumstances.

How Does a Car Accident Lawsuit Work in South Carolina?

South Carolina car accident lawsuits follow a clear sequence. Once your attorney files the complaint, the defendant has 30 days to respond. This typically results in a discovery phase where both sides exchange evidence and depose (interview) witnesses, which can take several months.

Most cases settle during this period, but if the parties can't agree on a resolution, a case will proceed to trial, where a judge or jury decides the outcome. Throughout this process, your car accident lawyer handles the legal aspects while you focus on recovery.

Types of Car Accident Cases in South Carolina

South Carolina roads see various accident scenarios, each with unique legal considerations:

• Rear-end collisions. Rear-end crashes are common on busy Charleston and Columbia streets and congested I-95 and I-26.
• T-bone crashes. T-bone accidents may involve contested liability, requiring witness testimony or traffic camera footage to determine who had the right-of-way.
• Head-on collisions. While not as common as some other accident types, head-on crashes generally involve substantial compensation for severe injuries or wrongful death.
• Drunk driving accidents. DUI crashes can involve both criminal charges and civil lawsuits, and could include punitive damages against the intoxicated driver.
• Commercial truck accidents. Crashes with trucks can be complex and involve multiple defendants, like the trucking company or a repair shop. They require specialized attorneys who understand federal regulations.