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April 29, 2025What to Do After a Personal Injury in South Carolina: Your Legal Checklist

Getting hurt can turn your life upside down. Medical bills pile up fast. You might miss work. You could be in pain. It’s easy to feel overwhelmed. But knowing what to do after a personal injury in South Carolina helps you take control. Follow this simple checklist to protect your rights and start your recovery—both physically and legally.
How to Handle a Personal Injury in South Carolina Step-by-Step
Step 1: Get Medical Help Right Away
Your health comes first. Always see a doctor after an accident, even if you feel okay. Some injuries take time to show up. A medical exam also creates a record of what happened. This record is important if you decide to take legal action later.
If you wait too long to get help, the other side might say your injury isn’t serious or didn’t come from the accident. Getting medical attention also shows that you are taking the situation seriously.
Step 2: Talk With an Attorney
Once you’ve taken care of your health, speak with an experienced attorney as soon as possible. Someone who understands local laws can explain your rights and help you explore your options. They can guide you through each step, from dealing with insurance companies to filing paperwork. Most offer free consultations, so it won’t cost you anything to ask questions. Waiting too long to get legal advice might hurt your chances of getting the full compensation you deserve.
Step 3: Report the Accident
Let someone know what happened. If it was a car crash, call the police. If you got hurt at a store or on someone’s property, tell a manager or property owner. Ask for a copy of the report. That paperwork can be useful when you build your case.
Try to be calm and clear when you report the accident. Stick to the facts. Avoid guessing or making statements about who was at fault.
Step 4: Collect Evidence at the Scene
Try to gather as much information as you can. Use your phone to take photos of your injuries, the scene, any damage, and the conditions that caused the injury, like wet floors or broken steps. Also, get names and phone numbers of any witnesses. Their stories might help support yours. If possible, write down what happened while it’s fresh in your mind. Small details can be important later.
Step 5: Be Careful What You Say
After an accident, it’s easy to say “I’m fine” or “It was my fault.” But words matter. Insurance companies might use your statements against you. Stay polite, but don’t talk about the accident in detail. And don’t post about it on social media. It’s also smart to avoid signing anything until you talk to your attorney. Some insurance forms can limit your rights without you knowing it.
Step 6: Know the Local Laws
South Carolina has specific rules for personal injury cases. You usually have three years from the date of the injury to file a lawsuit. If you miss this deadline, you might lose your right to recover damages.
The state also uses a comparative negligence rule. If you were partly at fault, you can still receive compensation—as long as you were less than 51 percent responsible. Your final amount will be reduced based on your share of the blame.
Understanding these laws early helps protect your rights and gives your legal team the best chance to build a strong case.
Take Action Today
If you or someone you love was injured and someone else was at fault, don’t wait. Each step you take now helps protect your health and your future. Acting quickly also makes it easier to collect evidence, file paperwork, and move forward with peace of mind. Contact Winslow Law to schedule your free consultation.
Winslow Law—Committed counselors for our clients and community.
FAQs
1. How long do I have to file a personal injury claim in South Carolina?
In South Carolina, you generally have three years from the date of your injury to file a personal injury lawsuit. This is called the statute of limitations. If you do not file within this time frame, you might lose your right to seek compensation. Acting quickly is important, because delays can affect your ability to collect evidence and prove your case.
2. Can I still recover damages if I was partly at fault for the accident?
Yes, you can still recover damages in South Carolina if you were partly at fault, as long as your share of the blame is less than 51 percent. This is because South Carolina follows a rule called modified comparative negligence. Your compensation will be reduced by the percentage of fault assigned to you. For example, if you were found to be 30 percent responsible, you would receive 70 percent of the total damages. If you are found to be 51 percent or more at fault, you will not be able to recover compensation.
3. What types of compensation can I receive in a personal injury case?
After a personal injury in South Carolina, you might be able to receive compensation for things like medical expenses, lost income, property damage, and pain and suffering. Medical expenses include costs related to treatment, surgery, medication, and ongoing care. Lost income covers the wages you missed while recovering. Pain and suffering refers to the physical pain and emotional stress caused by the injury. The exact amount and types of compensation depend on the details of your individual case.