South Carolina Personal Injury FAQ

In South Carolina, you generally have 3 years from the date of injury to file a personal injury lawsuit under S.C. Code § 15-3-530. Claims against government entities have a shorter deadline, and medical malpractice has special discovery and repose rules. Because missing the deadline usually bars your claim entirely, it is best to confirm your specific deadline with an attorney early. See our guide at /resources/south-carolina-statute-of-limitations/.

A South Carolina car accident claim must generally be filed within 3 years of the crash (S.C. Code § 15-3-530). If a city, county, or state vehicle was involved, a shorter government-claims deadline may apply. Acting early also helps preserve evidence like vehicle data and witness statements.

Claims against government entities fall under the South Carolina Tort Claims Act and generally must be filed within 2 years. That window extends to 3 years only if you file an optional verified claim with the agency within 1 year of the injury. Because the government deadline is shorter than the ordinary 3-year rule, contact an attorney immediately if a city, county, or state entity may be responsible.

Yes, but claims against government entities fall under the South Carolina Tort Claims Act, which has a shorter deadline and special rules compared with ordinary claims. In general you have 2 years to file, extended to 3 years only if you file an optional verified claim with the agency within 1 year. If any government body may be responsible, contact an attorney immediately so you do not miss the shorter window.

A South Carolina medical malpractice claim generally must be filed within 3 years of the date you discovered, or reasonably should have discovered, the injury (S.C. Code § 15-3-545). An outer limit called the statute of repose bars most claims more than 6 years after the malpractice, regardless of when it was discovered. Special notice and expert-affidavit requirements also apply, so consult a lawyer early.

A South Carolina wrongful death claim generally must be filed within 3 years of the date of death and must be brought by the personal representative of the deceased person's estate (S.C. Code § 15-51-20). Because the rules around who can file and how damages are distributed are specific, families should consult an attorney promptly.

If you file after the deadline passes, the court will almost always dismiss your case and you lose the right to recover, no matter how strong the facts are. A few narrow exceptions can pause the clock, such as claims involving minors or a defendant who left the state, but you should never rely on an exception. The safest course is to speak with an attorney well before the 3-year mark.

Often, yes. In many South Carolina injury cases involving a child, the statute of limitations is paused until the child turns 18, giving them time to file as a young adult. The rules have limits and exceptions, especially for claims against the government, so a parent should still consult an attorney early rather than assuming the deadline is far off.

As soon as possible. Early involvement lets an attorney preserve evidence, identify all liable parties, deal with insurers before they pressure you, and protect your deadline. Waiting can let evidence disappear and deadlines approach. The consultation is free, and there are no fees unless we win.

Yes. South Carolina uses modified comparative negligence with a 51% bar. You can recover as long as you are 50% or less at fault, but your award is reduced by your fault percentage. For example, on a $200,000 case where you are 25% at fault, you recover $150,000. At 51% or more fault, you recover nothing. See /resources/south-carolina-comparative-negligence/.

Your recovery is reduced by your percentage of fault, and you are barred entirely if you are 51% or more at fault. On a $300,000 case, 20% fault leaves you $240,000, while 51% fault leaves you nothing. Insurers try to inflate your fault to cut your payout, which is why how fault is assigned has a direct dollar impact.

The 51% bar means you can recover damages only if your share of fault is 50% or less; at 51% or more, you are barred from recovering anything. This is South Carolina's modified comparative negligence rule, established in case law (Nelson v. Concrete Supply Co.) rather than by statute. If you are allowed to recover, your award is still reduced in proportion to your fault.

When more than one defendant is at fault, your fault is compared against the defendants' combined fault, not each one separately. So if you are 40% at fault and two defendants share the other 60%, you are under the 51% bar and can still recover. This combined-comparison rule can make the difference between recovering and being barred, so how fault is apportioned matters a great deal.

If your case settles, fault is negotiated between your attorney and the insurer based on the police report, physical evidence, and witness accounts. If the case goes to trial, the jury assigns each party a percentage of fault. Because insurers push to raise your percentage and cut your payout, strong evidence and legal advocacy directly affect the final number.

South Carolina law limits how much a failure to wear a seatbelt can be used against you in a car accident claim, but the specifics depend on the facts of your case. In general, the focus stays on who caused the crash. An attorney can explain how any seatbelt issue might affect your particular claim before you assume it hurts your case.

Yes. An insurer's fault assessment is a negotiating position, not a final ruling. Police reports, photos, black-box or event-data-recorder data, and witness statements can all shift the fault picture in your favor. Because being pushed over the 51% line ends your claim entirely, it is worth having an attorney challenge an unfair fault finding.

There is no fixed average. Your case value depends on the severity of your injuries, your total medical bills and lost income, the impact on your life, your share of fault, and the available insurance coverage. Cases range from a few thousand dollars for minor injuries to seven figures for catastrophic ones. An attorney can give you an honest estimate after reviewing the facts.

There is no reliable single average, because settlements span a wide range based on injury severity, fault, and insurance limits. Minor soft-tissue cases may settle for a few thousand dollars, while serious-injury cases reach six or seven figures. Be skeptical of any average figure; your case is valued on its own specific facts.

You may recover economic damages (medical bills, lost wages, lost earning capacity, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement). In cases of egregious conduct, punitive damages may also be available. The total depends on the severity of your injuries and the strength of the evidence.

In ordinary injury cases such as car and truck crashes, there is no cap on compensatory damages, meaning both your economic and non-economic damages are uncapped. South Carolina caps punitive damages and caps non-economic damages in medical malpractice cases specifically, but that malpractice cap does not apply to ordinary negligence claims. Most accident victims pursuing standard claims are not limited by a non-economic cap.

South Carolina has no fixed formula for pain and suffering. These non-economic damages account for physical pain, emotional distress, and reduced quality of life, and their value depends on the severity and permanence of your injuries, the length of your recovery, and how your daily life has changed. Because they are subjective, strong medical records and testimony are key to supporting a full amount.

Punitive damages may be available when a defendant's conduct was reckless, willful, or malicious, and they are meant to punish rather than compensate. South Carolina caps punitive damages at the greater of three times your compensatory damages or an inflation-adjusted floor of roughly $739,000 as of 2026, updated annually. That cap is removed entirely when the harm was caused by driving under the influence, a felony, or an intent to harm (S.C. Code § 15-32-530).

Generally, compensation for physical injuries and related medical expenses is not treated as taxable income, while portions like punitive damages or certain interest can be taxable. Tax treatment depends on how your settlement is structured and your individual situation. Because this is a tax question rather than a legal-claim question, confirm the details with a tax professional.

Not automatically. Under the eggshell-plaintiff principle, a defendant takes you as they find you, so you can still recover for the extent an accident aggravated or worsened a pre-existing condition. The key is separating your prior baseline from the new harm, which makes clear medical documentation especially important. Insurers often blame old injuries to cut value, so this is worth pushing back on.

There is no set figure. Rear-end cases range widely because a low-speed bump with no lasting injury is very different from a high-speed impact causing herniated discs or a concussion. Value turns on your medical treatment, lasting symptoms, lost income, and the available insurance. An attorney can give you a realistic range after reviewing your records.

You may still recover through your own uninsured motorist (UM) coverage, which South Carolina requires on every auto policy. UM coverage steps in to pay for your injuries when the at-fault driver has no insurance. Reviewing every applicable policy is often the difference between a capped payout and full compensation, so have an attorney check your coverage. See /resources/south-carolina-um-uim-stacking/.

Uninsured motorist (UM) coverage pays when the at-fault driver has no insurance at all, and it is required on every South Carolina auto policy. Underinsured motorist (UIM) coverage is optional and pays when the at-fault driver has some insurance but not enough to cover your losses. Both protect you rather than the other driver, and together they can be the primary source of recovery in serious crashes.

Often, yes. South Carolina allows class-one insureds, meaning the named insured, their spouse, and resident relatives, to stack UM and UIM limits across multiple vehicles or policies in many situations. Whether stacking applies depends on which vehicles and policies were involved (S.C. Code §§ 38-77-150 and 38-77-160). Passengers and permissive users are class-two insureds and generally cannot stack, so an attorney's review of every policy matters. See /resources/south-carolina-um-uim-stacking/.

South Carolina requires minimum liability limits of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage (often written 25/50/25), and matching UM coverage (S.C. Code § 38-77-140). These minimums are low relative to the cost of serious injuries, which is why UM/UIM stacking and every available policy matter. An attorney can identify all coverage that might apply to your claim.

Usually not. First offers are typically far below the full value of a claim and are made before you fully understand your injuries and future costs. Once you accept and sign a release, you cannot reopen the claim. It is wise to have an attorney evaluate any offer before you accept it.

You should speak with an attorney first. Adjusters use recorded statements to lock you into early words that can later be used to minimize your injuries or shift fault onto you. You are generally not required to give the at-fault driver's insurer a recorded statement. Let your lawyer handle communications so an offhand remark does not reduce your recovery.

In the short term, your own health insurance, MedPay coverage, or out-of-pocket payments typically cover treatment. Ultimately, if another party was at fault, their liability insurance should reimburse your medical expenses as part of your injury claim. An attorney can help coordinate these sources and pursue full reimbursement from the at-fault party.

When the at-fault driver's liability limits are too low to cover your losses, your own underinsured motorist (UIM) coverage can make up part of the gap, and stacking may increase what is available. There may also be other responsible parties or policies, such as an employer's coverage if the driver was working. An attorney's job is to find every source of recovery so you are not left short.

Using UM or UIM coverage after a crash you did not cause should not, on its own, be treated as an at-fault claim, though insurer practices vary. The point of the coverage you paid for is to protect you when another driver cannot. If you have a concern about a rate change, an attorney can help you understand your rights before you decide how to proceed.

The bills remain your responsibility as they come due, but there are ways to manage them while your claim proceeds. Health insurance, MedPay, and in some cases treatment on a medical lien can bridge the gap until your case resolves. An attorney can help coordinate these options and, at settlement, negotiate what must be repaid so more of the recovery stays with you.

MedPay, or medical payments coverage, is an optional add-on to your auto policy that pays for accident-related medical bills regardless of who caused the crash, up to your coverage limit. It can cover early expenses like the emergency room and follow-up visits while your liability claim is still pending. Because it pays quickly and without a fault determination, it is worth checking whether you carry it.

A medical lien is a claim that a provider or health insurer has to be repaid from your settlement for the accident-related care they covered. It lets you get treatment now and pay from the recovery later. Liens can significantly reduce your net payout, but they are often negotiable, and an attorney routinely works to lower them so you keep more of your settlement.

Prompt treatment protects both your health and your claim. Some serious injuries, like concussions or internal damage, are not obvious at first, and a delay can let them worsen. Gaps in treatment also give insurers a reason to argue your injuries were minor or unrelated to the crash, so following your doctor's plan consistently supports both your recovery and your case.

Gaps in care do not automatically defeat your claim, but insurers use them to argue you were not really hurt or that something else caused your injuries. If you had to pause treatment for financial or scheduling reasons, that context matters and can be explained. The best approach is to follow your provider's recommendations and document the reasons for any interruption.

Yes. After a car accident, you are free to treat with your own physicians and specialists. This is different from a workers' compensation claim, where the employer or its insurer generally directs which authorized doctor you see. Keeping thorough records of every provider and visit strengthens your injury claim.

Often, yes. If your health insurer paid for accident-related care, it may assert a right of reimbursement or subrogation to be paid back out of your recovery. The amount is frequently negotiable, and the rules depend on the type of plan you have. An attorney can work to reduce these claims so more of the settlement reaches you.

No. South Carolina is an at-fault, or tort, state, not a no-fault state. The driver who caused the crash, and their insurance, is responsible for the resulting injuries and damages. This is different from no-fault states where you turn first to your own insurer regardless of who caused the crash.

If you can, move to safety, call 911, and get a police report started. Photograph the vehicles, the scene, and any visible injuries, and collect the other driver's insurance information and the names of witnesses. Seek medical care promptly even if you feel okay, and avoid admitting fault or giving a recorded statement before speaking with an attorney.

Truck cases involve federal safety regulations, professional drivers, and often multiple responsible parties such as the driver, the trucking company, and maintenance contractors. The injuries tend to be more severe and the available insurance larger, which means insurers and defense teams fight harder. Critical evidence like driver logs and onboard data can also disappear quickly, so early legal action matters.

Under federal rules, carriers are only required to keep hours-of-service logs for about 6 months and driver vehicle inspection reports for about 3 months, and there is no required retention period for the truck's electronic control module or black-box data. That evidence can be overwritten or destroyed unless it is preserved. Sending a legal preservation letter quickly is one of the most important early steps in a truck case.

South Carolina does not have a separate lawsuit for spoliation of evidence, but a court can instruct the jury that it may assume destroyed evidence would have been unfavorable to the party that lost or discarded it. That potential jury instruction is a strong reason for trucking companies to preserve records. A prompt preservation letter from your attorney helps protect key data before it disappears.

Depending on the facts, responsibility may extend beyond the driver to the trucking company, the owner of the trailer, a maintenance provider, a cargo loader, or a parts manufacturer. Identifying every liable party matters because it can open additional insurance coverage for serious injuries. An attorney investigates the ownership, employment, and maintenance chain to find all sources of recovery.

South Carolina's child restraint law (S.C. Code § 56-5-6410) requires children to be rear-facing until at least age 2, in a forward-facing harness after that, in a booster starting at age 4, and in an adult seat belt only at age 8 or 57 inches with a proper belt fit. While the law is about safety and citations, restraint use can come up in a claim involving a child. See /resources/south-carolina-car-seat-laws/.

If the at-fault driver was on the job, their employer may also be legally responsible, which can open a larger commercial insurance policy. This applies to delivery drivers, rideshare and commercial vehicles, and company cars. Because employer liability can substantially increase available coverage, it is worth investigating the driver's status early in the case.

South Carolina requires helmets only for riders and passengers under 21 (S.C. Code § 56-5-3660). There is no statute that automatically bars or reduces a claim simply because an adult rider was not wearing a helmet. Any argument about helmet use would run through ordinary comparative fault, so not wearing one does not by itself defeat your claim.

Yes, if you were 21 or older, since the law does not require a helmet for adult riders. A defendant might try to argue that not wearing a helmet contributed to head injuries, but that is a comparative-fault argument, not an automatic bar. Whether it reduces your recovery at all depends on the facts and the type of injury involved.

The legal rules are the same as other vehicle claims, including the 3-year deadline and the 51% comparative-fault bar, but motorcycle crashes tend to cause more severe injuries because riders lack the protection of a car. That severity can raise case value but also draws harder pushback from insurers, who sometimes rely on bias against riders. Strong evidence of the other driver's fault is especially important.

It can. Some insurers and jurors assume riders are reckless, and adjusters may lean on that assumption to shift fault onto you. Because being pushed to 51% fault would bar your recovery entirely, countering that bias with clear evidence, such as the police report, witness accounts, and scene photos, is critical. An attorney experienced with motorcycle cases knows how to confront these assumptions.

Not necessarily. Motorcycles typically require their own policy, and coverage like UM and UIM may depend on the specific vehicles and policies involved. After a serious crash, it is important to review every policy in your household to identify all coverage that might apply. An attorney can sort out which policies respond and whether stacking is available.

Get medical attention right away, because motorcycle injuries are often serious even when adrenaline masks the pain, and call the police to document the crash. Photograph the scene, your bike, and your injuries, and gather witness information. Avoid discussing fault at the scene, and contact an attorney early so evidence can be preserved and your deadline protected.

There is no set average. Because motorcycle crashes often cause serious injuries such as fractures, road rash, and brain or spinal injuries, case values can be higher, but the amount still depends on your specific injuries, lost income, fault, and available insurance. An attorney can give you a realistic range after reviewing your medical records and the coverage involved.

No. South Carolina workers' compensation is a no-fault system, so you generally can receive benefits for a work-related injury regardless of who was at fault. In exchange, benefits are limited to things like medical care and wage replacement rather than pain and suffering. You do need to show the injury arose out of and in the course of your employment.

You should report a work injury to your employer as soon as possible, and no later than 90 days from the accident (S.C. Code § 42-15-20). Reporting late can jeopardize your benefits. You then generally have 2 years from the injury to file a formal claim with the Workers' Compensation Commission (S.C. Code § 42-15-40).

For total disability, South Carolina pays two-thirds (66 2/3%) of your average weekly wage, subject to a state maximum that is set each year, which is $1,189.94 per week for 2026, and a minimum of $75. There is a 7-day waiting period before benefits start, and those first days are paid retroactively if your disability lasts more than 14 days (S.C. Code § 42-9-200). See /resources/how-much-does-south-carolina-workers-comp-pay/.

Usually not. In South Carolina workers' compensation, the employer or its insurance carrier generally directs your care and chooses the authorized treating physician. Seeing an unauthorized doctor on your own may mean those bills are not covered. If you believe the authorized care is inadequate, an attorney can help you seek a change or a second opinion through the proper channels.

South Carolina uses a scheduled-loss system that assigns a set number of weeks of benefits to each body part (S.C. Code § 42-9-30), for example roughly 220 weeks for an arm, 195 for a leg, 185 for a hand, and 300 for the back. Your permanent partial disability award is generally your impairment rating percentage multiplied by the scheduled weeks and by two-thirds of your average weekly wage. See /resources/south-carolina-workers-comp-body-part-values/.

MMI, or maximum medical improvement, is the point at which your condition has stabilized and is not expected to improve further with treatment. At MMI, a doctor assigns an impairment rating, which is used to calculate any permanent disability benefits. Reaching MMI is a key milestone, because it shifts the case from ongoing treatment toward valuing the permanent effects of your injury.

A denial is not the end of your claim. You can request a hearing before a single Commissioner, and if needed appeal to the Appellate Panel within 14 days using Form 30, then to the South Carolina Court of Appeals within 30 days, and ultimately the Supreme Court. Because the appeal ladder has strict deadlines, it is wise to involve an attorney quickly after a denial. See /resources/south-carolina-workers-comp-claim-denied/.

Most South Carolina workers' compensation benefits are capped at 500 weeks of compensation. Certain catastrophic injuries, specifically paraplegia, quadriplegia, or physical brain damage, can qualify for lifetime benefits. Because the value and duration of benefits depend on how your injury is classified, an attorney can help make sure your case is evaluated correctly.

Yes. South Carolina workers' compensation reimburses mileage for travel to authorized medical care when the round trip is more than 5 miles one way, at a rate set each year, which is 72.5 cents per mile as of 2026. Keep a log of your appointments and mileage so you can submit it for reimbursement. An attorney can help ensure you receive everything you are owed.

Possibly. In South Carolina, a property owner or business can be liable if it knew or should have known about a dangerous condition and failed to fix it or warn you, and that hazard caused your injury. You generally have 3 years to file, and your recovery is reduced by your share of fault under the 51% bar. An attorney can assess whether the owner's negligence is provable.

You generally must show that a dangerous condition existed, that the property owner knew or reasonably should have known about it, that they failed to fix it or warn you, and that this caused your injury. A central issue is often whether the hazard was present long enough that the owner should have discovered it. Evidence like surveillance video, incident reports, and photos is critical.

There is no fixed number of minutes. The question is whether the dangerous condition existed long enough that a reasonably careful business should have discovered and addressed it, which the law calls constructive notice. A spill that just happened may not create liability, while one left for a long time likely does. Evidence such as timestamps and video helps establish how long the hazard was there.

Yes. South Carolina considers whether you were an invitee, such as a customer, a licensee, or a trespasser, and a property owner owes the greatest duty of care to invitees. As a business customer, you are generally owed a duty to keep the premises reasonably safe and to warn of known hazards. Your specific status shapes what the owner had to do to protect you.

Possibly, because South Carolina's comparative-fault rule lets you recover as long as you are 50% or less at fault, though your award is reduced by your share. Property owners and their insurers often argue the hazard was open and obvious to shift blame onto you. Whether that argument succeeds depends on the facts, so it is worth having an attorney evaluate the fault picture before you assume you have no case.

Report the fall to a manager and ask that an incident report be made, then photograph the hazard and the area before it is cleaned up. Get the names of any witnesses and seek medical care promptly. Ask whether there is surveillance footage, and contact an attorney quickly so a preservation request can be sent before video is overwritten.

They can be, depending on the circumstances. A landlord may be responsible for injuries caused by dangerous conditions in areas they control or are required to maintain, such as common stairways or walkways, especially when they knew about a hazard and failed to repair it. Liability turns on who had control over the dangerous condition. An attorney can help identify the responsible party.

A South Carolina wrongful death action must be brought by the personal representative of the deceased person's estate, not directly by individual family members (S.C. Code § 15-51-20). The recovery is then distributed to statutory beneficiaries in order: the spouse and children first, then parents, then other heirs. If no personal representative has been appointed, the court can appoint one so the case can proceed.

A South Carolina wrongful death claim can recover for the beneficiaries' losses, including lost financial support, lost companionship and guidance, and their grief and mental anguish, along with funeral and burial expenses. A separate survival action may recover for the losses the deceased personally suffered before death, such as their own pain and suffering. Together these address both the family's and the deceased's losses.

A wrongful death action compensates the surviving family for their losses, such as lost support, companionship, and grief. A survival action (S.C. Code § 15-5-90) belongs to the estate and recovers for what the deceased personally endured before death, including their pre-death pain, suffering, and expenses. The two claims are often pursued together and cover different harms.

Wrongful death proceeds pass to statutory beneficiaries in order set by law: first the spouse and children, then the parents, then other heirs. The personal representative brings the case, but the recovery belongs to the beneficiaries rather than the estate's general creditors. Because distribution and any required court approval can be complex, families benefit from legal guidance.

A South Carolina wrongful death claim generally must be filed within 3 years of the date of death. If a government entity is responsible, a shorter Tort Claims Act deadline may apply. Because appointing a personal representative and investigating the death takes time, families should speak with an attorney well before the deadline approaches.

Possibly. South Carolina's 51% comparative-fault rule applies to wrongful death claims, so beneficiaries can recover as long as the deceased was 50% or less at fault, with the award reduced by that percentage. If the deceased was 51% or more at fault, recovery is barred. How fault is apportioned can therefore be decisive, which makes a thorough investigation important.

In an ordinary wrongful death case against a private defendant, there is no cap on compensatory damages. Punitive damages are subject to South Carolina's statutory limits, and claims against government entities are capped under the Tort Claims Act at $300,000 per person and $600,000 per occurrence with no punitive damages. Which rules apply depends on who is responsible for the death.

Roden Law handles personal injury cases on a contingency fee basis: you pay no attorney fees upfront and owe nothing unless we win. Our fee is a percentage of the recovery. If we do not win, you do not pay attorney fees. This lets anyone access experienced representation regardless of their finances.

A contingency fee means your attorney's fee is a percentage of the money recovered, and you pay nothing in attorney fees unless the case is won. There are no upfront costs to start your case, and the fee comes out of the settlement or verdict at the end. This arrangement lets injured people hire experienced counsel without paying by the hour.

You are not legally required to hire a lawyer, but represented claimants typically recover significantly more, even after fees. Insurers have adjusters and lawyers working to minimize your payout. An attorney investigates, values your claim accurately, handles the insurers, and litigates if needed. Roden Law works on contingency, so you pay nothing unless we win.

It varies widely. Straightforward claims may resolve in a few months, while serious-injury cases that require full medical treatment, investigation, or litigation can take a year or more. Settling too early, before your injuries are fully understood, often leaves money on the table, so timing should follow your recovery and the strength of the evidence.

Most personal injury claims settle without a trial. However, if the insurer refuses to offer fair compensation, your attorney may file suit and take the case toward trial. Having a firm that is willing and able to go to court often improves settlement offers, because insurers know the claim can be tried if necessary.

Bring anything you have that documents the incident and your injuries: the police or incident report, photos, insurance information for everyone involved, medical records and bills, and any correspondence from insurers. Notes about how the injury has affected your work and daily life are also helpful. Even if you do not have everything, an attorney can still evaluate your case and help gather the rest.

It is still worth talking to an attorney. Early statements or documents can complicate a claim, but they do not always end it, and a lawyer can assess the impact and advise on next steps. What matters most is that you stop giving further statements and get legal advice before doing anything else. The consultation is free, and there are no fees unless we win.

Generally, yes. You have the right to change attorneys, and doing so usually does not increase your total fee, because fee questions between the old and new lawyer are typically worked out from the single contingency fee. If you feel your case is not getting the attention it deserves, it is reasonable to seek a second opinion. Roden Law can review where your case stands at no cost.

Seek medical attention right away, even if you feel fine, because some serious injuries are not obvious at first. Call the police and get a report, document the scene with photos, collect witness contact information, and preserve evidence. Do not give a recorded statement to any insurer before speaking with an attorney, and contact a lawyer early so an investigation can begin while evidence is fresh.

Yes. Adrenaline can mask pain, and injuries like concussions, whiplash, and internal damage may not show symptoms for hours or days. A prompt medical evaluation protects your health and creates a record linking your injuries to the crash. Delaying care can worsen an injury and give insurers an opening to argue you were not really hurt.

If you are able, take photos of the vehicles, the scene, road conditions, and your injuries, and collect the names and contact information of any witnesses. Save the police or incident report number, insurance details, and any receipts or records related to the accident. Preserving this evidence early, before it disappears, strengthens your claim significantly.

No. Insurers and defense lawyers routinely search claimants' social media, and even innocent posts or photos can be taken out of context to dispute your injuries or your version of events. It is safest to avoid posting about the accident, your injuries, or your activities while your claim is pending. When in doubt, ask your attorney first.

Avoid admitting fault at the scene, giving a recorded statement to the other driver's insurer, or accepting a quick settlement before you understand your injuries. Do not skip or delay medical treatment, and do not post about the accident on social media. Each of these can be used to reduce or deny your claim, so it is wise to talk to an attorney first.

You should call the police for any crash involving injuries or significant property damage, and South Carolina requires reporting accidents that meet certain injury or damage thresholds. A police report creates an official, neutral record of the crash that can be valuable evidence later. Even when a report is not strictly required, having one usually helps your claim.

South Carolina crash reports are generally available through the investigating law enforcement agency or the state, and there is typically a small fee. It can take a few days after the crash for the report to be filed and available. If you have trouble obtaining it, your attorney can request the report and the underlying records as part of building your case.

Yes, delayed treatment does not automatically end your claim, though it can make things harder. Insurers use gaps in care to argue your injuries were minor or unrelated, so the sooner you are evaluated and the more consistently you treat, the stronger your case. If you waited for understandable reasons, that context can be explained, and an attorney can still assess your options.