If you’ve been hurt in a car accident in South Carolina and are thinking about suing for damages, you’re probably asking one big question:
How much money can I actually get?
The answer depends on a few key factors: your injuries, the other driver’s insurance, and whether your case goes to settlement or trial. Here’s what you need to know if you’re considering legal action after a car crash in Charleston, Aiken, or anywhere in South Carolina.
There’s No One-Size-Fits-All Number
Let’s start with this: There is no fixed payout for a car accident lawsuit.
Some people recover $20,000. Others recover $2 million.
The range is wide because each case involves different injuries, treatment needs, and long-term impacts.
Here’s what determines how much compensation someone can sue for in South Carolina:
- Medical bills
- Lost income (past and future)
- Pain and suffering
- Emotional trauma
- Permanent disability or scarring
- Property damage
- Wrongful death damages (if someone dies in the crash)
What Does South Carolina Law Allow You to Sue For?
South Carolina law lets accident victims file a personal injury lawsuit for economic and non-economic damages. That means you can recover both out-of-pocket losses and intangible suffering.
Economic Damages:
- Hospital and emergency care
- Surgeries or physical therapy
- Lost wages during recovery
- Future income if you can’t return to your job
- Medication, medical devices, home health care
- Car repairs or replacement
Non-Economic Damages:
- Pain and suffering
- Anxiety or PTSD
- Loss of enjoyment of life
- Impact on relationships or parenting
- Permanent disfigurement
There’s no legal cap on these damages in standard car accident cases in South Carolina.
What If the Other Driver Was Grossly Negligent?
If the other driver was drunk, speeding excessively, or fleeing police, you might be eligible for punitive damages. These go beyond compensation; they’re meant to punish reckless behavior.
In South Carolina, punitive damages are capped at three times the compensatory damages or $500,000, whichever is greater. But in DUI cases, that cap may not apply.
What Affects the Value of Your Case?
Several things can make your potential recovery go up, or down.
Things that Increase Case Value:
- Emergency surgery or hospitalization
- Permanent injury or disability
- Strong liability evidence (e.g., dashcam, police report)
- Lost future income or job loss
- Psychological trauma (documented with therapy records)
Things That Lower Value:
- Pre-existing conditions that muddy the injury claim
- Delayed medical treatment
- Partial fault (more below)
- Low insurance policy limits
What If You Were Partially at Fault?
South Carolina uses a modified comparative negligence system.
You may still recover compensation if you were less than 51% at fault for the accident. But your damages could be reduced based on your share of responsibility.
Example:
- Total damages: $100,000
- You were found 30% at fault
- You can potentially recover $70,000
If you’re found 51% or more at fault, you get nothing. That’s why insurance companies work hard to shift blame. We work just as hard to protect your claim.
What If the At-Fault Driver Doesn’t Have Enough Insurance?
South Carolina requires drivers to carry only $25,000 per person / $50,000 per accident in liability insurance. That’s not much, especially for serious injuries.
If your losses exceed that, we look for other options:
- Uninsured/Underinsured Motorist (UM/UIM) coverage
- Umbrella policies for higher-income drivers
- Employer liability, if the driver was working
- Third-party vehicle owners or manufacturers (in faulty part cases)
This is where having a legal team matters most. We know how to investigate every source of coverage and pursue full recovery.
Can You Sue for a Car Accident Death in South Carolina?
Yes. If someone dies in a crash due to another driver’s negligence, their surviving family can file a wrongful death claim. This allows recovery for:
- Funeral and burial costs
- Loss of financial support
- Pain and suffering of the family
- Loss of companionship and guidance
Wrongful death settlements in South Carolina have been seen to reach six or seven figures, especially when the loss affects children or dependents.
How Long Do You Have to File a Lawsuit?
In South Carolina, the statute of limitations for most car accident lawsuits is three years from the date of the crash.
But don’t wait.
Evidence disappears. Witnesses forget. Insurers get more aggressive with time.
If you’re thinking about suing after a car accident in Charleston, Aiken, or any nearby area, talk to a lawyer as soon as possible.
What About Going to Trial?
Most car accident cases settle before trial. But if the insurer won’t offer a fair amount, your attorney may recommend filing a lawsuit. At Ted Law Firm, we prepare every case for trial from day one even if we never step into a courtroom.
That puts pressure on the insurance company to settle for the full value of your injuries.
FAQ: Car Accident Lawsuits in South Carolina
How much can you sue for pain and suffering?
There’s no cap on pain and suffering damages in typical car crash cases. You can sue for whatever amount reflects the impact on your life.
Can I still sue if I accepted an insurance payout?
If you signed a settlement release, probably not. Always talk to a lawyer before accepting payment.
Can I sue if I wasn’t injured but my car was totaled?
You can file a property damage claim, but personal injury lawsuits require documented physical or emotional harm.
Can I sue a rideshare driver or delivery company?
Yes. If an Uber, Lyft, Amazon, or other commercial driver caused your crash, you may be able to sue the company under certain conditions.
Need Help Valuing Your Claim?
At Ted Law Firm, we help people across South Carolina understand what their car accident case is really worth, and we fight to get every dollar they’re owed. We proudly serve clients across all of South Carolina and Georgia including Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta. No matter where you are in either state, we’re here to help. And remember: you don’t pay a dime unless we win your case. There’s no risk, just experienced support from a team you can trust. You’re in good hands with Ted Law Firm.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
