Injured? We’re Here to Fight for You
Personal injury law covers a wide range of accidents and harm, so it’s no surprise that nearly 400,000 personal injury claims are filed each year in the United States (according to the U.S. Department of Justice).
If you’ve been hurt because of someone else’s actions, Bluestein Attorneys can help you pursue compensation from the person or company responsible.
Call us at (803) 779-7599 or fill out the form to schedule a free personal injury consultation.
On this page, you’ll find:
- The Basics of the Personal Injury Law in SC
- Should I Sue after a Personal Injury?
- Types of Personal Injury Cases
- The Process of a Personal Injury Claim in SC
- When to Involve a Personal Injury Lawyer for a Lawsuit
- Additional Personal Injury FAQs
- Partner with Bluestein Attorneys for Your Personal Injury Claim
1. The Basics of the Personal Injury Law in SC
Understanding the fundamentals of personal injury law in South Carolina helps you know your rights, make informed decisions, and avoid costly mistakes after an accident.
- At-fault state – In South Carolina, the party responsible for the accident and their insurer must cover the victim’s medical bills, property damage, and other losses.
- Establishing negligence – Most personal injury cases are based on negligence, where a party fails to act reasonably and responsibly, causing injury to another.
- Modified comparative negligence – You can recover damages if you are 50% or less at fault, but your award is reduced by your share of fault.
- Types of personal injury compensation – You may be able to recover compensation for medical bills, lost wages, pain and suffering, and in some cases, even punitive damages to hold the wrongdoer accountable.
- Statute of limitations – In most cases, you have three years from the date of the injury to file a lawsuit.
From our blog:
2. Should I Sue after a Personal Injury?
If you’ve been injured due to someone else’s negligence in South Carolina, you may decide between negotiating and settling with the at-fault party’s insurance company, or filing a personal injury lawsuit.
Each approach has pros and cons, but according to the U.S. Department of Justice, about 95% of tort cases settle before trial.
| Factor | Settling | Suing (Litigation) |
|---|---|---|
| Timeframe | Usually resolved faster | Can take months or years |
| Costs | Lower legal costs | Higher legal fees and court costs |
| Stress level | Less stressful | Can be emotionally demanding |
| Compensation potential | Often lower but more predictable | Potential for higher awards, including punitive damages |
| Evidence gathering | Limited to what parties share voluntarily | Full discovery process to uncover more evidence |
| Privacy | Private process | Public court records |
| Risk | No risk of losing in court | Risk of losing and receiving nothing |
| Negotiation leverage | Relies on insurer’s willingness to pay | A judge or a jury can compel payment |
Not sure whether to settle or sue? Speak with our attorneys before signing anything with the insurance company.
3. Types of Personal Injury Cases
The Bluestein Attorneys’ personal injury team has experience in many different types of Personal Injury cases, including:
From our blog:
4. The Process of a Personal Injury Claim in SC
Filing a personal injury claim in South Carolina involves several key stages. Not every case follows the exact same path, but understanding the process can help you navigate it more confidently.
- Seek medical treatment – Get prompt care for your injuries and create a medical record that will support your claim.
- Consult with a personal injury lawyer – Receive legal guidance on your rights, options, and potential compensation.
- Report to the relevant authority – Notify the police, employer, property owner, or other appropriate party, depending on the type of incident.
- Case investigation – Your lawyer gathers evidence, interviews witnesses, and reviews records to build your case.
- Send a demand letter – A formal request to the at-fault party or their insurer outlining your injuries and compensation sought.
- Negotiation and settlement discussions – Both sides attempt to agree on fair compensation without going to court.
- If an agreement is made, the case ends, and you receive compensation.
- If no settlement is reached, your lawyer files a lawsuit, and the case proceeds through the court system.
5. When to Involve a Personal Injury Lawyer for a Lawsuit
We discussed earlier how injury victims can pursue compensation by negotiating a settlement or by filing a lawsuit. While most personal injury cases end in a settlement, there are situations where pursuing personal injury litigation is the better option.
If you find yourself in any of these situations, it may be time to consult with an experienced injury attorney about filing a lawsuit to protect your rights:
- Insurance company delays or lowball offers – The insurer is stalling, denying your claim, or refusing to make a fair offer.
- Lack of insurance transparency – The at-fault party will not provide insurance details, preventing you from filing a proper claim.
- Unclear recovery options – You’re unsure whether you can seek compensation beyond the at-fault party’s insurance limits (such as through uninsured or underinsured motorist coverage).
What are the chances of winning a personal injury lawsuit?
Success depends on factors like the strength of your evidence, the clarity of fault, the severity of your injuries, and the skill of your legal team. Cases with clear liability, well-documented damages, and credible witnesses generally have a much higher chance of resulting in favorable settlements or verdicts.
6. Additional Personal Injury FAQs
Personal injury protection (PIP) is a type of insurance that covers medical bills, lost income, and other expenses resulting from injuries sustained in a car accident, for both you and your passengers, regardless of who was at fault. While PIP is required in some states, South Carolina does not mandate it, though drivers can purchase it as optional coverage.
In most cases, compensation for physical injuries or illnesses is not taxable under federal or South Carolina law. However, certain portions, such as punitive damages or interest earned on a settlement, may be subject to tax.
Yes, renters’ insurance can include liability coverage that protects you if someone is injured on your rented property. This often applies in premises liability cases, such as slip-and-fall accidents, where the injury occurs because of unsafe conditions in the rental.
Mediation itself is not binding, but if both parties reach an agreement, they will sign a settlement contract that becomes legally enforceable. Mediation can save time, reduce costs, and allow for more flexible solutions than a trial.
South Carolina follows a modified comparative fault rule. You can recover damages if you are 50% or less at fault, but your percentage of fault will reduce your compensation. For example, a $100,000 award would be reduced to $80,000 if you were 20% at fault. If you are 51% or more at fault, you cannot recover compensation.
While amounts vary widely, many personal injury settlements fall between $10,000 and $75,000, with severe or catastrophic injury cases often resulting in much higher awards. The exact compensation depends on factors such as:
- Type and severity of injuries
- Length of your recovery period
- Medical expenses and related travel costs
- Lost income from time away from work
- Lifestyle changes or permanent disabilities
- Ongoing care needs or home modifications
In South Carolina, most personal injury claims are based on negligence. To prove negligence, you must show:
- The defendant owed you a duty of care
- The defendant breached that duty
- The breach directly caused your accident
- You suffered actual damages or injuries
While you’re not legally required to hire a lawyer, having one greatly improves your chances of securing fair compensation, especially if the case involves serious injuries, disputed liability, or an uncooperative insurance company. Lawyers handle the legal complexities so you can focus on recovery.
- Look for a lawyer who is experienced in your specific type of injury case
- Check reviews, testimonials, and disciplinary records
- Ask about their track record of settlements and verdicts
- Make sure they work on a contingency fee basis, so you only pay if you win
- Schedule a consultation to ensure good communication and trust
7. Partner with Bluestein Attorneys for Your Personal Injury Claim
Personal injury victims who’ve been harmed by someone else’s negligence deserve compensation. Equally important, they deserve a legal team that truly understands what they’re going through.
At Bluestein Attorneys, we combine experience, compassion, and determination to help you pursue the justice you deserve. We know how overwhelming and stressful a personal injury can be, and our team is here to guide you through every stage of the process while fighting for the full compensation you’re entitled to.
As part of your case, we will:
- Review your case in detail to build a strong claim against the at-fault party
- Learn your story by getting to know you and your family, so we can effectively communicate the pain and suffering you’ve endured
- Help you identify any lost wages that you may recover
- Resolve current hospital or medical treatment bills
- Determine potential future medical needs
If you’ve been injured in South Carolina, whether in a car wreck, workplace accident, or due to medical negligence, you deserve a law firm that treats you like family. At Bluestein Attorneys, our Columbia-based personal injury lawyers fight for clients across the state with compassion and determination.”