A car accident can change your life in seconds. One moment you are driving to work or picking up groceries. The next, you are dealing with injuries, a damaged vehicle, and mounting bills. South Carolina sees over 140,000 traffic collisions each year, according to the South Carolina Department of Public Safety. Fatal crashes alone caused an estimated $30.9 billion in economic and quality-of-life costs in 2023, as reported by TRIP.
Many accident victims try to handle the aftermath on their own. However, this approach often leads to lower settlements and missed deadlines. Insurance companies are not on your side. Their goal is to pay as little as possible. A skilled personal injury lawyer levels the playing field and fights for the full compensation you deserve.
If you were hurt in a car accident, call Klok Law Firm LLC at (843) 701-1695. We help accident victims in Charleston, Mount Pleasant, and throughout the South Carolina Lowcountry protect their rights and recover fair compensation.
How a Lawyer Protects You After a Crash
The days after a car accident are critical. What you say and do during this time can shape your entire case. An experienced attorney takes immediate steps to protect your claim. They gather evidence before it disappears. They also handle all communication with the insurance company on your behalf.
Without legal help, you may not realize the full value of your claim. Insurance adjusters often reach out quickly with a settlement offer. These early offers rarely account for future medical treatment, ongoing pain, or lost earning capacity. Once you sign a release, you give up the right to seek more money later. A lawyer reviews every aspect of your damages before advising you to accept or reject any offer.
Additionally, South Carolina follows a modified comparative negligence system under S.C. Code § 15-38-15. This means the insurance company will try to blame you for part of the accident. If they assign you 51 percent or more of the fault, you recover nothing. Every percentage point matters. A lawyer knows how to fight back against unfair fault assignments and protect your right to compensation.
What a Car Accident Lawyer Actually Does
Investigating the Accident is the first priority. Your attorney will obtain the police report, photograph the scene, and identify witnesses. They may also work with accident reconstruction experts to establish exactly how the crash happened. Strong evidence builds a strong case.
Calculating Your Damages requires a careful review of all your losses. Medical bills are just the starting point. Your lawyer also considers lost wages, reduced earning capacity, property damage, pain and suffering, and emotional distress. Future costs matter too. If you need surgery or ongoing therapy, those expenses belong in your claim.
Handling Insurance Companies is where legal experience makes the biggest difference. Insurers use trained adjusters who know how to minimize payouts. They may request recorded statements, delay your claim, or argue that your injuries are not serious. Your attorney shields you from these tactics. For a closer look at how insurers operate, see our article on insurance companies’ role in auto accidents.
Negotiating a Fair Settlement takes skill and patience. Most car accident cases settle without going to trial. Getting a fair result still requires solid evidence and persuasive legal arguments. If the insurance company refuses a reasonable offer, your lawyer prepares the case for court. The willingness to go to trial often motivates insurers to improve their offers.
Filing a Lawsuit When Necessary ensures you meet all court deadlines. Under S.C. Code § 15-3-530, you have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline means losing your right to sue. If a government vehicle caused the crash, the deadline drops to just two years under the South Carolina Tort Claims Act. Your lawyer tracks these deadlines so you never miss a filing window.
Common Injuries That Require Legal Help
Not every fender bender needs an attorney. However, serious injuries almost always benefit from legal representation. The more severe your injuries, the harder the insurance company will fight to reduce your payout.
Whiplash and neck injuries are among the most common results of rear-end collisions. While some cases resolve quickly, others lead to chronic pain that lasts months or years. Back injuries, including herniated discs, can require expensive surgery and long-term rehabilitation. The National Highway Traffic Safety Administration reports that crashes remain a leading cause of spinal cord injuries nationwide.
Traumatic brain injuries deserve special attention. Even a so-called “mild” concussion can affect your memory, concentration, and ability to work. These injuries may not show obvious symptoms right away. That delayed onset makes it crucial to seek medical care immediately and follow up with a specialist.
Broken bones, internal bleeding, and soft tissue damage also appear frequently in car accident cases. Each injury type carries different treatment costs and recovery timelines. Your lawyer works with medical professionals to document the full scope of your injuries and project future care needs.
How South Carolina Fault Rules Affect Your Claim
South Carolina is an at-fault state. The driver who caused the accident bears financial responsibility for damages. This rule applies whether you file a claim with the at-fault driver’s insurance or pursue a lawsuit in court.
The state’s modified comparative negligence rule adds an important layer. If both drivers share some blame, the court assigns a percentage of fault to each party. Your compensation decreases by your share of the fault. For example, if your total damages equal $100,000 and the court finds you 20 percent at fault, you receive $80,000.
The 51 percent bar creates a hard cutoff. You cannot recover any compensation if you are 51 percent or more at fault. Insurance companies know this rule well. They often try to push your fault percentage above that threshold to avoid paying your claim entirely. A lawyer challenges these tactics by presenting evidence that accurately reflects what happened.
Understanding these rules is essential for protecting your recovery. To learn more about South Carolina auto insurance requirements, visit our blog on what is full coverage car insurance in South Carolina.
When Insurance Coverage Falls Short
South Carolina law requires every driver to carry minimum liability insurance of 25/50/25 under S.C. Code § 38-77-140. That means $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. The South Carolina Department of Insurance oversees these requirements.
These minimums sound adequate until you face a serious crash. A single hospital stay can exceed $25,000. Surgery, imaging, and physical therapy add up fast. When the at-fault driver’s insurance cannot cover your losses, you need to explore other sources of recovery.
Uninsured motorist coverage protects you when the other driver has no insurance at all. South Carolina requires this coverage on every auto policy under S.C. Code § 38-77-150. Underinsured motorist coverage is optional but strongly recommended. It fills the gap when the at-fault driver’s policy limits are too low to cover your damages.
Your lawyer reviews all available insurance policies to find every source of recovery. This includes your own policy, the at-fault driver’s policy, and any umbrella or excess coverage that may apply. Maximizing your recovery often depends on identifying coverage that accident victims overlook.
Steps to Take After a Car Accident
The actions you take right after a crash directly affect the strength of your case. Following these steps protects both your health and your legal rights. For a detailed safety guide, read our article on steps to take at an accident scene.
Call 911 and report the accident. A police report creates an official record of the crash. Officers document road conditions, witness statements, and any traffic violations. This report becomes key evidence in your claim.
Seek medical attention immediately. Some injuries do not show symptoms for hours or even days. Seeing a doctor right away creates a medical record that links your injuries to the accident. Delaying treatment gives the insurance company a reason to argue that your injuries are not serious.
Document everything you can. Take photos of vehicle damage, road conditions, traffic signs, and your injuries. Collect contact information from witnesses. Save every receipt related to the accident, from towing charges to prescription medications.
Avoid giving recorded statements to the insurance company. Adjusters may ask you to describe the accident on tape. Anything you say can be used to reduce or deny your claim. Let your attorney handle all communications with the insurer instead.
Contact a car accident lawyer as soon as possible. Early legal involvement preserves evidence and prevents costly mistakes. Your attorney begins building your case from day one.
The Growing Problem of Distracted Driving
Distracted driving causes thousands of crashes in South Carolina each year. Texting behind the wheel is one of the most dangerous behaviors on the road. The Centers for Disease Control and Prevention reports that distracted driving kills more than 3,000 people nationally each year.
South Carolina passed a new hands-free driving law that took effect on September 1, 2024. Under this law, drivers cannot hold or use a phone while behind the wheel. Violations carry fines and points on the driver’s license. More importantly, breaking this law while causing an accident strengthens the injured person’s negligence case. Learn more in our article on South Carolina’s hands-free driving law.
If a distracted driver caused your crash, the evidence of their phone use can increase the value of your claim. Cell phone records, witness testimony, and surveillance footage can all prove that the other driver was not paying attention. Your lawyer knows how to obtain this evidence through the legal discovery process.
Types of Compensation Available to Accident Victims
South Carolina law allows accident victims to recover both economic and non-economic damages. Economic damages cover your measurable financial losses. Non-economic damages address the personal toll of the accident.
Economic damages include medical bills, hospital stays, surgery costs, prescription medications, physical therapy, and diagnostic imaging. They also cover lost wages from missed work and reduced earning capacity if your injuries prevent you from returning to your previous job. Property damage to your vehicle and personal belongings falls into this category as well.
Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and the impact of the accident on your daily activities. These damages are harder to measure. However, they often represent a large portion of a car accident settlement. Your attorney uses medical records, expert testimony, and personal accounts to demonstrate the true impact of your injuries.
In rare cases involving extreme recklessness, South Carolina courts may award punitive damages. These damages punish the at-fault driver for especially dangerous conduct, such as driving drunk or fleeing the scene. They serve as a warning that such behavior carries serious consequences.
When Should You Hire a Lawyer?
The short answer is as soon as possible. Evidence fades quickly after an accident. Witnesses forget details. Surveillance footage gets erased. The longer you wait, the harder it becomes to build a strong case.
You should especially consider hiring an attorney if your injuries are serious or require ongoing treatment. Cases involving disputed fault also benefit from legal representation. Insurance companies fight hardest when they believe they can shift blame onto you.
Most personal injury lawyers, including Klok Law Firm LLC, offer free initial consultations. This meeting lets you explain your situation and learn your options without any financial obligation. Many firms also work on a contingency fee basis, which means you pay nothing unless your lawyer wins your case.
Remember, the three-year statute of limitations may seem like plenty of time. Yet building a thorough case takes months of investigation, negotiation, and preparation. Starting early gives your attorney the best chance to maximize your recovery.
Contact Klok Law Firm LLC Today
Dealing with injuries, medical bills, and insurance companies is overwhelming. You do not have to face it alone. At Klok Law Firm LLC, we represent car accident victims in Charleston, Mount Pleasant, and throughout the South Carolina Lowcountry. We understand the tactics insurance companies use, and we know how to fight back.
Call us today at (843) 701-1695 or contact us online to schedule your free consultation. You can also visit our car accidents page for more information about how we can help with your case.
Your recovery matters. Let us handle the legal battle while you focus on getting better.
This blog post is for informational purposes only and does not constitute legal advice. Each case involves unique circumstances that require consultation with a qualified South Carolina personal injury attorney. For specific guidance on your car accident claim, contact an experienced legal practitioner.