How Much is Your Claim Worth?
How Much is Your Claim Worth?
See actual payouts made to South Carolina car accident victims. Look for cases similar to yours.
The average car accident settlement in South Carolina for a moderate injury claim is $35,199. Average payouts range from $8,872 for minor injuries to $718,630 for severe injuries.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $8,872 |
| Moderate Injury | $35,199 |
| Severe Injury | $718,630 |
Payout Range by Severity of Injury |
|
| Minor Injury | $3,370 – $14,914 |
| Moderate Injury | $16,000 – $67,000 |
| Severe Injury | $100,000 – $6,368,541 |
Side-impact collisions are the most common type of traffic accident nationwide, followed by rear-end collisions.²
Average Side-Impact Collision Settlements |
|
|---|---|
| Minor Injury | $8,896 |
| Moderate Injury | $32,438 |
| Severe Injury | $358,125 |
Average Rear-End Accident Settlements |
|
| Minor Injury | $8,851 |
| Moderate Injury | $38,400 |
| Severe Injury | $531,095 |
Seriously injured victims often sustain more than one type of injury. Settlements and court awards are meant to compensate for all of the victim’s damages, including the pain and suffering arising from physical injuries.
Average Neck and Back Injury Settlements |
|
|---|---|
| Minor Injury | $9,265 |
| Moderate Injury | $25,680 |
| Severe Injury | $325,548 |
Average Head Injury Settlements |
|
| Minor Injury | $3,100 |
| Moderate Injury | $49,175 |
| Severe Injury | $308,333 |
Attorneys, insurance adjusters, and courtroom juries base the value of an injury claim on the scope and severity of the victim’s injuries. A fair injury settlement includes medical costs, out-of-pocket expenses, replacement services, lost wages, and some financial consideration for the victim’s pain and suffering.
South Carolina is a traditional fault or “tort” state, meaning you have the right to demand compensation from the at-fault driver and other parties who may be liable for your injuries.
In most cases, you’ll start by filing an injury claim with the at-fault driver’s auto insurance. In South Carolina, you can seek full compensation for all your damages, even for minor injuries.
An easy way to estimate a fair payout for a minor to moderate injury claim is the “multiple method.”
Begin by adding up your economic damages, such as medical bills, lost income, and out-of-pocket costs for medical supplies and replacement services. Then add one to three times the total of your economic damages to account for your non-economic damages, commonly called pain and suffering.
A multiple of one is reasonable if you spent a few days on the couch with a heating pad on your back. A multiple of two or three is justified if your injuries disrupted your life for several weeks or months. For example, if a broken leg kept you from caring for your young children for two months.
Severe injury claims should be handled by an experienced personal injury attorney to ensure you get a fair payout. Your attorney will protect you from allegations of shared fault, and gather valuable evidence supporting your demand for current and future medical costs, loss of earning capacity, and the physical and emotional suffering from serious injuries.
The average settlement for car accident claims in South Carolina is $35,199. Your settlement will depend on the severity of your injuries, shared fault, and available insurance funds.
South Carolina’s Unfair Claims Settlement Practices statutes require insurers to settle a claim promptly once liability is reasonably clear.
Also, South Carolina has a three-year statute of limitations for personal injury claims. Adults must settle their insurance claim or file a personal injury lawsuit within three years of the accident date.
No. South Carolina is not a no-fault auto insurance state. You have the right to pursue compensation directly from the at-fault driver without first relying on your own insurance.
Yes. South Carolina drivers caught without proof of insurance are subject to fines ranging from $100 to $600, license suspension, and possible registration suspension.
South Carolina Rules of Professional Conduct prohibit attorneys from charging excessive fees. Personal injury attorneys typically charge a contingency fee between 33 and 40 percent of the final compensation they recover.
Minor car accident injuries are typically soft-tissue injuries like cuts, bruises, sprains, and strains. The victim might be sidelined by stiffness and soreness for a few days and miss some work. Most minor car accident injuries are healed within a month.
Type of Injury: Soft tissue toe injury.
Type of Accident: Side-impact
Award/Settlement Amount: $3,370
Case Summary: Plaintiff was a passenger in a motor vehicle when the host car was struck on the passenger’s side by a vehicle driven by Defendant. The accident occurred as defendant was backing out of a private driveway. Plaintiff claimed to have sustained a toe injury in the accident. According to plaintiff, he was injured when his toe was jammed into the vehicle’s floorboard. Defendant admitted liability, but disputed the extent of the damages claimed by plaintiff. Defendant contended that plaintiff’s injuries, if any, were minor and resulted in no long-term motion limitation or disability. The jury awarded plaintiff $3,370 in damages.
Location: York County, South Carolina
Case Name and Docket Number: Plyler v. Jones, 2003-CP-46-0085
Type of Injury: Soft tissue neck injuries; Others back pain, lumbar radiculopathy and chronic headaches
Type of Accident: Rear-end
Award/Settlement Amount: $5,250
Case Summary: Plaintiff was operating her vehicle. She came to a stop at a stop sign and was subsequently rear-ended by a van being driven by defendant. It was dusk and the road was wet at the time of the accident. The impact involved was minor and the property damage was minimal. Plaintiff claimed she suffered neck and back injuries, lumbar radiculopathy and severe headaches as a direct result of this accident. Defendant admitted liability for causing the accident but contended that plaintiff’s injuries were preexisting. Defendant relied on evidence that plaintiff had been treated for low back pain one week prior to this accident. Jury awarded plaintiff $5,250 in damages.
Location: Charleston County, South Carolina
Case Name and Docket Number: Logan-Mcgee v. Spillson, 2002-CP-004963
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,500
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction. Plaintiff came to a stop in traffic and was rear-ended by defendant. Plaintiff claimed that he sustained soft tissue injuries to his neck and back as a direct result of this accident. Defendant admitted liability for the accident. Jury awarded plaintiff $ 6,500 in damages. Jurors limited the amount of medicals awarded by rejecting plaintiff’s claim that treatment he sought more than a year after the accident was related to the accident injuries. Per attorneys for both sides, the treating physician testified that he did not know whether all of plaintiff’s treatment was related to the injuries plaintiff sustained in the accident.
Location: Greenwood County, South Carolina
Case Name and Docket Number: Godfrey v. Beats, 03C02380-S1
Type of Injury: Neck contusion
Type of Accident: Side-impact
Award/Settlement Amount: $6,988
Case Summary: Plaintiff was driving a vehicle on an old country road with one lane traveling in each direction. Defendant owned a farm vehicle traveling ahead of the plaintiff. Defendant was following in his vehicle directly behind the tractor, which was being operated by second Defendant. Plaintiff was attempting to pass defendants on the left, just as defendants attempted to make a left turn. Plaintiff collided with the farm vehicle. Plaintiff claimed he sustained a neck contusion and that his car was totaled. Defendants maintained that plaintiff improperly passed their vehicles on the left and failed to sound his horn. Plaintiff was awarded $13,975 in a bench trial. However, the award was reduced by the plaintiff’s comparative negligence, which was determined to be 50%.
Location: Florence County, South Carolina
Case Name and Docket Number: Stone v. Bochette, 200301561
Type of Injury: Soft tissue back injury
Type of Accident: Rear-end
Award/Settlement Amount: $7,000
Case Summary: Plaintiff, law enforcement officer, was involved in a rear-end collision in a business district. Defendant Caroline was driving a small vehicle that struck the rear of another vehicle and caused it to strike plaintiff’s pickup truck. Plaintiff’s truck sustained minor property damage. Plaintiff claimed he sustained a soft tissue back injury as a direct result of the accident. Defendant admitted liability for the collision, but contended the accident was minor and she was not responsible for plaintiff’s injuries. The jury deliberated 1 hour before returning the verdict in favor of plaintiff for $7,000
Location: Richland County, South Carolina
Case Name and Docket Number: Drafts v. Bokesch, 2006-CP-4000761R
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was driving her vehicle. She came to a stop at an intersection and was rear-ended by Defendant. Prior to the impact, Defendant was rear-ended by a vehicle driven by co-defendant. Plaintiff suffered neck and back injuries. She claimed that one or both defendants was responsible for her injuries. Defendants denied liability. Co-defendant filed a crossclaim against Defendant alleging that Defendant cut in front of his vehicle, thereby shortening his stopping distance. Defendant denied an abrupt lane change and crossclaimed against co-defendant. Both defendants admitted that plaintiff may have suffered some injuries from this accident, but disputed the nature and extent of those injuries. Jury assigned 25% liability to co-defendant and 75% liability to Defendant and awarded plaintiff $7,500.
Location: Berkeley County, South Carolina
Case Name and Docket Number: Galvez v. Robinson, 2005CP0800800
Type of Injury: Back injuries-cervical and lumbar sprains
Type of Accident: Rear-end
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was driving her vehicle when she was rear-ended by a vehicle driven by Defendant. Plaintiff claimed soft tissue cervical and lumbar injuries from the collision. Plaintiff claimed $3,000 in medicals and $500 in past lost wages. She also sought damages for pain and suffering. Details of the accident were not in dispute as defendant admitted liability for causing the accident. Defendant however contended that this minor rear-end accident did not cause any serious injuries. Defendant maintained that plaintiff was not injured or should have recovered quickly. The parties stipulated to liability and settled their differences for $7,500 prior to trial.
Location: Beaufort County, South Carolina
Case Name and Docket Number: Judge v. Calhoun, 2008CP0703311
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $8,476
Case Summary: Plaintiff and defendant were operating their respective vehicles on intersecting street. Defendant entered the intersection in front of plaintiff’s oncoming vehicle without stopping at a stop sign. The front of plaintiff’s car collided with the side of defendant’s vehicle. Plaintiff claimed soft tissue neck and back injuries as a direct result of this accident. He claimed $4,200 in past medical specials and $ 2,100 in past wage loss. Defendant admitted liability, but contested damages. Specifically, defendant contended that a previous injury suffered by plaintiff was more significant than he alleged. Defendant also questioned a small gap in plaintiff’s treatment. The jury awarded plaintiff $8,476.
Location: Horry County, South Carolina
Case Name and Docket Number: Gause v. Pierce, 2007CP2607022
Type of Injury: Back injury-lumbar strain
Type of Accident: Rear-end
Award/Settlement Amount: $9,142
Case Summary: Plaintiff, a police officer, was rear-ended by a vehicle driven by defendant. Plaintiff’s car had to be towed from the scene and underwent body repairs. Plaintiff was transported via EMS to a local emergency room from the scene for complaints of back pain. He was diagnosed with tissue lumbar strain/sprain. Plaintiff alleged that defendant failed to maintain an appropriate distance between the vehicles, failed to keep a proper lookout, and failed to stop in time to avoid the accident. Defendant did not dispute liability but contested the plaintiff’s claimed damages. The parties declined a jury trial. Following a bench trial, the court awarded $9,175 in damages to the plaintiff.
Location: Greenville County, South Carolina
Case Name and Docket Number: Lane v. Nasim, 2014CP2305263
Type of Injury: Back injuries-cervical and lumbar strains
Type of Accident: Side-impact
Award/Settlement Amount: $9,360
Case Summary: Plaintiff and Defendant were operating their respective vehicles. Defendant attempted to make a left turn in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff claimed he sustained cervical and lumbar strains as a direct result of this accident. He argued permanent pain and stiffness from his injuries. Liability for the subject accident was undisputed. Defendant driver did not attend trial, but arguments were made on her behalf that plaintiff’s injuries were not caused by this accident. Defendant maintained that plaintiff’s complaints were age-related and any continued complaints or permanency were not caused by this accident. Jury returned a verdict of $ 9,360 in favor of plaintiff.
Location: Richland County, South Carolina
Case Name and Docket Number: Bolin v. Wagoner, 2008CP4040567
Type of Injury: Soft tissue back and Neck injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was involved in a sideswipe collision with a truck operated by defendant, who was in the course and scope of his employment with co-defendant. There was contact between the left front of plaintiff’s vehicle and the right front of the truck. Plaintiff claimed neck and back injuries as a result of the accident. Defendants contended that plaintiff was talking on his cell phone and could have avoided this minor accident had he been paying proper attention. Defendants further argued that plaintiff was involved in five other accidents while he was undergoing treatment for the subject accident and there was no way to discern which accident may have caused the alleged injuries. Parties reached a $10,000 settlement of the claims.
Location: Orangeburg County, South Carolina
Case Name and Docket Number: Owens v. Green, Jr., 2013CP3800013
Type of Injury: Lipoma (fatty tumor) above the naval; Others-soft tissue injury to low back.
Type of Accident: Side-impact
Award/Settlement Amount: $11,000
Case Summary: Plaintiff was traveling on a two lane. Defendant, who was driving in the opposite direction, crossed the centerline. The left front corner of her vehicle struck the left front corner of plaintiff’s vehicle. The vehicles pulled off the side of the road after the accident. The vehicles were back-to-back, facing opposite directions. Defendant failed to put her car in park and inadvertently backed into the rear of plaintiff’s vehicle. Plaintiff alleged she sustained a back injury and the enlargement of a pre-existing lipoma (fatty tumor) on her abdomen which required surgical removal following the accident. Defendant admitted simple negligence for the accident, but she contested plaintiff’s injury or that the surgery was related to the accident. Jury awarded plaintiff $ 11,000 in damages.
Location: Spartanburg County, South Carolina
Case Name and Docket Number: Ross v. Tinsley, 2006CP4203275
Type of Injury: Soft tissue thoracic and shoulder injuries and aggravation of a preexisting hip condition.
Type of Accident: Rear-end
Award/Settlement Amount: $13,000
Case Summary: Plaintiff was driving on a four lane highway when she stopped for a red light at an intersection. Her vehicle was struck in the rear by a non-party vehicle that was first struck by Defendant. There was evidence of a significant impact between defendant and the non-party vehicle. The only damage to plaintiff’s vehicle was a bent trailer hitch. Plaintiff however claimed the impact was of sufficient force to cause injury to her back and shoulder and aggravate a preexisting hip condition. Defendant did not dispute involvement in the accident. However, she argued that plaintiff stopped suddenly and caused the chain reaction accident. She further argued that plaintiff could not have been injured as the impact to plaintiff’s vehicle was minor. The jury awarded plaintiff $ 13,000 in damages.
Location: Charleston County, South Carolina
Case Name and Docket Number: Robison v. Carroll, 2005CP10005037
Type of Injury: Soft tissue cervical and lumbar spine injuries.
Type of Accident: Side-impact
Award/Settlement Amount: $13,078
Case Summary: Plaintiff was traveling east on a Street. A vehicle owned by Defendant was traveling northbound on an intersecting street. Plaintiff’s vehicle was broadsided by defendant in the intersection. Plaintiff alleged he had the right-of-way as he traveled through the intersection and defendant’s driver failed to stop for a stop sign and pulled directly into the path of his vehicle. Plaintiff claimed he suffered cervical and lumbar soft tissue injuries. Defendant contended the taxi driver was not acting as an employee at the time of the motor vehicle accident, which was rejected by a jury. Defendant argued that plaintiff had the last clear chance to avoid the collision and should be barred from recovery. The jury awarded plaintiff $ 13,078.
Location: Charleston County, South Carolina
Case Name and Docket Number: Lee v. Express Cab, 2006 CP 10 03284
Type of Injury: Soft tissue neck and thoracic injuries that caused residual back pain
Type of Accident: Rear-end
Award/Settlement Amount: $14,914
Case Summary: Plaintiff was a passenger in a vehicle driven by his daughter. Their vehicle had come to a complete stop in the midst of Christmas traffic when suddenly and without warning, Defendant rear-ended plaintiff’s vehicle. Plaintiff asserted that he sustained soft tissue neck and thoracic injuries. He testified at trial that he still has back pain that limits his range of motion. Defendant admitted liability for the collision. Defendant denied that this accident caused plaintiff’s injuries. Jury awarded the plaintiff $ 14,914, being $ 4,914 for past medicals and $ 10,000 for pain and suffering. In a separate lawsuit, plaintiff’s daughter was awarded $ 4,702 against the defendant.
Location: Florence County, South Carolina
Case Name and Docket Number: Ray v. Wolfe, 200401531
Moderate car accident injuries can include more extensive soft-tissue injuries, simple fractures, slipped or herniated discs, whiplash, and concussions. Victims may be out of work for weeks or months as they recover. Some victims are left with residual effects from the injury.
Type of Injury: A burn to the right hand; Others- bruising and contusion of the pelvis, a chest contusion and sprain/strain injuries to the neck and left shoulder
Type of Accident: Side-impact
Award/Settlement Amount: $16,000
Case Summary: Plaintiff was involved in a collision with a vehicle driven by defendant at a T-intersection. The right front corner of plaintiff’s vehicle collided with the front left corner of Gaston’s vehicle. Plaintiff was treated for a burn to the right hand from the airbag, bruising and contusion of the pelvis from the lap belt, a chest contusion and sprain/strain injuries to the neck and left shoulder. Her treatment included chiropractic care. Defendant contended that defendant Doe caused and/or contributed to the accident. She asserted that Doe’s pickup truck turned into the intersection and blocked her view of oncoming traffic. Plaintiff agreed to a $16,000 settlement with defendants.
Location: Williamsburg County, South Carolina
Case Name and Docket Number: Smith v. Gaston, 2011CP4500361
Type of Injury: Back injury-recurrent lumbar disc herniation
Type of Accident: Side-impact
Award/Settlement Amount: $17,500
Case Summary: Plaintiff claimed that her vehicle was sideswiped by a vehicle driven by Defendant. She claimed their vehicles were approaching each other from opposite directions when defendant’s vehicle swerved across the double yellow center line and sideswiped plaintiff’s car. Plaintiff, who had undergone fusion surgery to repair a herniated lumbar disc, claimed she suffered a second herniation of a lumbar disc as a result of the accident. Defendant admitted liability, but contended that, 10 days before the subject accident, plaintiff was involved in a separate accident in which she may have re injured her back at that time. Defendant however settled plaintiff’s claim for $17,500 prior to trial.
Location: Greenwood County, South Carolina
Case Name and Docket Number: Wilson v. Jones, 2005CP2401534
Type of Injury: Back injury-Aggravation of a preexisting herniated lumbar disc at L5-S1
Type of Accident: Side-impact
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was a passenger in a vehicle traveling on a merging roadway. His host vehicle was sideswiped by a tow truck driven by Defendant. Plaintiff argued that the impact of the collision aggravated a preexisting herniated lumbar disc such that fusion surgery was required. Defendant contended that plaintiff’s driver was speeding and lost the right-of-way, thereby causing the accident. Further, defendant maintained that plaintiff’s lumbar condition preexisted the accident and his surgery was unrelated to the impact. Defendant also argued that plaintiff exaggerated his condition, as he was able to pass a physical in order to obtain a commercial driver’s license after the collision. The case settled for $20,000 before the start of trial.
Location: Lexington County, South Carolina
Case Name and Docket Number: Hamrick v. Wadford, 2008CP3200959
Type of Injury: Soft tissue neck, back and right leg injuries; headaches; Others-aggravation of preexisting degenerative disc disease and a disc bulge in plaintiff’s lower back.
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was stopped in her vehicle at a red light. While waiting for the light to turn green, she was rear-ended by a truck operated by Defendant and owned by co-defendant. Plaintiff alleged she suffered severe neck, back and lower extremity injuries as a result of the motor vehicle accident. She also claimed to have suffered headaches, aggravation of degenerative disc disease and a disc bulge in her lower back. Defendants denied plaintiff’s allegations and argued that plaintiff’s pain resulted from a pre-existing condition, that plaintiff had a history of degenerative disc disease in the low back, as well as a history of severe pain and epidural injections in her lower back. Plaintiff agreed to settle her claims for $25,000.
Location: Spartanburg County, South Carolina
Case Name and Docket Number: Parsons v. S&J Trucking, Inc, 2006CP4202162
Type of Injury: Hand Injury-Contusion on plaintiff’s right hand and fingers
Type of Accident: Side-impact
Award/Settlement Amount: $26,000
Case Summary: Plaintiff was a passenger in a car driven by non-party driver. They were traveling eastbound when their vehicle was struck by a vehicle driven by Defendant. The vehicles collided when defendant tried to make a left turn in the path of plaintiff’s oncoming vehicle. The impact caused plaintiff’s host vehicle to go over an embankment. Plaintiff claimed she suffered a contusion on her right hand and fingers and nerve studies showed moderate right median mononeuropathy at the wrist. Plaintiff claimed she had to undergo physical therapy and had a 7% permanent impairment of her right upper extremity. Defendant disputed liability and damages. The case settled for $26,000 in favor of plaintiff.
Location: Spartanburg County, South Carolina
Case Name and Docket Number: Dhers v. Edwards, 2005-CP-42-2269
Type of Injury: Low back injury; Others-burns and abrasions on plaintiff’s hand
Type of Accident: Side-impact
Award/Settlement Amount: $26,262
Case Summary: Plaintiff, age 16, was driving her vehicle in the left lane. Defendant was operating her own vehicle on a side street. Defendant was attempting to make a left turn onto the Road and was waved through heavy traffic by another driver. Defendant entered the left lane in front of plaintiff’s oncoming vehicle and a collision occurred. Plaintiff’s airbag deployed in the crash. Plaintiff alleged that she sustained a serious low back injury as a direct result of this accident, as well as burns and abrasions on her hand from the airbag. Defendant admitted she caused the accident and the case proceeded on the issues of causation and damages. Jury returned a verdict of $26,262 in favor of plaintiff.
Location: Richland County, South Carolina
Case Name and Docket Number: Lindsey v. Allen, 2008CP4000591
Type of Injury: Head injury-facial lacerations
Type of Accident: Side-impact
Award/Settlement Amount: $29,700
Case Summary: Plaintiff and defendant were driving their respective vehicles on intersecting Streets. Plaintiff’s minor daughter was riding as a passenger with her mother. Plaintiff claimed that defendant broadsided her vehicle at the intersection. Plaintiff said that her daughter sustained facial lacerations as a result of the accident. Plaintiff claimed the defendant was negligent for failing to slow her vehicle upon approaching an intersection; failing to maintain a proper lookout; and failing to yield the right-of-way. Defendant contended that plaintiff was comparatively negligent. The case proceeded to a non-jury trial. Judge awarded plaintiff $27,000 for her own damages, and $2,700 in damages as parent and natural guardian of her minor daughter.
Location: Charleston County, South Carolina
Case Name and Docket Number: Blanco v. Nelson, 2012-CP-10-5253
Type of Injury: Back injury-aggravation of a pre-existing spinal condition, consisting of chronic neck and back pain
Type of Accident: Side-impact
Award/Settlement Amount: $30,000
Case Summary: Plaintiff, 72, was driving south. Upon entering an intersection, she collided with the rear passenger side of a vehicle driven by defendant. Plaintiff claimed that defendant ignored a stop sign that governed her entrance to the intersection. Plaintiff’s course was not governed by a traffic-control device. Plaintiff claimed an aggravation of a pre-existing spinal condition, consisting of chronic neck and back pain; that she underwent chiropractic treatment, including four epidural injections, and radiofrequency ablation to the cervical and lumbar spine. The defense contended that plaintiff did not suffer any aggravation of her pre-existing spinal condition and, if she did, it was only minor. Jury determined that plaintiff’s damages totaled $30,000.
Location: Orangeburg County, South Carolina
Case Name and Docket Number: McCants v. Keitt, 2017CP3800202
Type of Injury: Shoulder injury-partial tear of right rotator cuff; Other-lip laceration
Type of Accident: Rear-end
Award/Settlement Amount: $33,600
Case Summary: Plaintiff was driving her vehicle with her 12-year-old daughter as a passenger. She claimed their car was rear-ended by another vehicle driven by Defendant when defendant failed to stop on a secondary roadway. Plaintiff claimed she sustained a rotator cuff injury which required. She also argued aggravation of preexisting carpal tunnel syndrome. Plaintiff’s daughter suffered a lip laceration. Although defendant admitted liability, he contended that this low speed accident caused no visible damage to plaintiffs’ vehicle and plaintiffs were not injured in this accident. He argued that Plaintiff’s shoulder and wrist complaints were degenerative in nature and existed before this accident. Jurors awarded $35,000 to plaintiffs, including $ 1,400 for plaintiff daughter.
Location: Greenville County, South Carolina
Case Name and Docket Number: Richey v. Harwell, 06-CP-23-00442
Type of Injury: Knee trauma-cartilage and tendon damage to the back of the knee
Type of Accident: Side-impact
Award/Settlement Amount: $36,919
Case Summary: A vehicle driven by Defendant made a left turn in the path of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff claimed she hit her knees on the dashboard of her vehicle at the time of impact, resulting in cartilage and tendon damage to her knees. She claimed the injuries caused a change in her gait, resulting in plantar fasciitis of the foot. Defendant admitted liability for causing the accident. Defendant however argued that plaintiff’s foot injury was likely related to her 30 year working history of walking on cement floors during the course of her employment at a retail store. Jury awarded plaintiff $ 36,919.
Location: Richland County, South Carolina
Case Name and Docket Number: Hubble v. Hiltner, 2007CP4003078
Type of Injury: Back injury-Spinal nerve injury; Others-retinal occlusion of left eye, headaches, and soft tissue injuries of the left wrist, neck and lumbar back.
Type of Accident: Rear-end
Award/Settlement Amount: $45,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at an intersection prior to making a left turn. While she was stopped, she was rear-ended by defendant. Plaintiff asserted that she suffered multiple injuries as a direct result of this accident, including a spinal nerve injury, retinal occlusion of left eye, headaches, and soft tissue injuries of the left wrist, neck and lumbar back. Plaintiff also claimed that defendant failed to take evasive action to avoid an accident. Defendant denied liability, but agreed to settle this claim prior to trial. Plaintiff agreed to settle her claim against the defendant for $45,000.
Location: Horry County, South Carolina
Case Name and Docket Number: Johnson v. Gowans, 00-3386
Type of Injury: Closed head injury; headaches
Type of Accident: Rear-end
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was on a highway waiting to turn left when he was struck from behind by Defendant. The roadway consisted of one lane in each direction. The force of the impact pushed plaintiff forward into an oncoming car. Plaintiff was transported from the scene by helicopter. Plaintiff claimed he sustained a moderate closed head injury. He had ongoing complaints of headaches and memory difficulties. Plaintiff’s boss testified that plaintiff’s ability to work as a real estate manager for an insurance company was severely compromised because of his injuries. Defendant admitted liability, but disputed causation of the head injury. Jury awarded plaintiff $ 50,000.
Location: Richland County, South Carolina
Case Name and Docket Number: Madden v. Sago-Dennis, 2007CP4007160
Type of Injury: Closed head injury
Type of Accident: Head-on
Award/Settlement Amount: $50,000
Case Summary: Plaintiff, a minor female, was a passenger in a vehicle that was involved in a motor vehicle accident with defendants. Plaintiff’s host vehicle and defendant’s vehicle were being operated in opposite directions. Defendant driver crossed over the center line and struck plaintiff’s vehicle head-on. The plaintiff claimed she suffered a closed head injury which required medical treatment due to the incident. Although the defendant driver admitted liability for this accident, defendants denied the nature and extent of plaintiff’s claimed injuries. However, the defendants offered to settle the plaintiff’s claims for $50,000. The plaintiff requested court approval of the settlement terms, which was granted.
Location: Georgetown County, South Carolina
Case Name and Docket Number: K.D. v. Collins, 2021-CP-22-00402
Type of Injury: Knee injury-bruised meniscus
Type of Accident: Side-impact
Award/Settlement Amount: $55,000
Case Summary: Plaintiff was a College baseball player. He was driving his vehicle through an intersection with a green light and was broadsided by Defendant, who ran a red light. The T-bone impact caused plaintiff to hit yet another vehicle. Plaintiff sustained a knee injury, which he claimed caused him to miss spring training and a chance at playing major league baseball. Defendant admitted liability for the accident and that she was driving while intoxicated. However, defendant contended that plaintiff would not have made it to the major leagues and that he exaggerated his damages. Jury returned a $ 55,000 verdict for the plaintiff, including $ 5,000 in punitive damages.
Location: Richland County, South Carolina
Case Name and Docket Number: Brooks v. Smith, 2010CP4000422
Type of Injury: Shoulder injury-partial rotator cuff tear; Head injury-traumatic brain injury
Type of Accident: Side-impact
Award/Settlement Amount: $67,000
Case Summary: Plaintiff motorist was involved in a motor vehicle accident when defendant failed to stop at a stop sign and struck his vehicle on the front passenger’s side. The plaintiff said the force of the impact pushed his vehicle over the median and knocked against a tree. Plaintiff sustained a partial rotator cuff tear of his right shoulder and a moderate traumatic brain injury due to the collision. The defendant filed an amended answer denying the plaintiff’s allegations and arguing the plaintiff was comparatively negligent. The jury determined that defendant was 100% liable for the accident and the plaintiff’s injuries. Jury awarded plaintiff $67,000 in damages.
Location: Horry County, South Carolina
Case Name and Docket Number: Williams v. Holcombe, 2019-CP-26-02596
Severe crash injuries often result in permanent disability or disfigurement. Victims of severe car accidents can suffer multiple injuries, such as numerous bone fractures, internal injuries, head and facial injuries, and catastrophic brain trauma or spinal cord injuries.
Type of Injury: Back injury-soft tissue injury to lumbar region with sacral nerve damage; Others-fractured wrist, concussion, dislocated shoulder and dislocated knee
Type of Accident: Side-impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was operating his taxicab when a vehicle driven by one of the defendant motorists crossed into plaintiff’s lane of travel, resulting in a collision. Following the first collision, plaintiff was then rear-ended by the other defendant’s vehicle. Plaintiff sustained soft tissue injury to lumbar region of back with sacral nerve damage, fractured wrist, concussion, dislocated shoulder and dislocated knee. Plaintiff settled with the second driver for $34,000 and the case proceeded against the first driver only. Plaintiff alleged that the first driver was operating a vehicle while under the influence of drugs and alcohol. First defendant denied all allegations. Plaintiff received an arbitration award of $100,000 less prior settlement of $ 34,000.
Location: Horry County, South Carolina
Case Name and Docket Number: Searcy v. Wishman, 98-2703
Type of Injury: Thigh injury-Fractured femur
Type of Accident: Head-on
Award/Settlement Amount: $115,000
Case Summary: Plaintiff was operating his vehicle along a two lane country road. Defendant was operating her vehicle along the same road, but in the opposite direction of the plaintiff. A head-on collision occurred after one of the vehicles crossed over the center line and struck the other vehicle. Plaintiff sustained a fractured femur as a result of the accident. Defendant denied liability, contending that plaintiff had crossed over the center line and was responsible for the accident. At trial, plaintiff presented evidence which indicated that the impact occurred on plaintiff’s side of the road. Also at trial, the police officer testified that the maximum point of impact had been on the plaintiff’s side of the road. Jury awarded plaintiff $115,000.
Location: Newberry County, South Carolina
Case Name and Docket Number: Davis v. Gresham, 2003CP3600336
Type of Injury: Head lacerations; Others-continuing knee and foot pain
Type of Accident: Side-impact
Award/Settlement Amount: $125,000
Case Summary: Plaintiff and Defendant were operating their vehicles. They collided on a Highway when defendant pulled into the path of plaintiff’s oncoming vehicle. Defendant’s vehicle struck the driver’s side of plaintiff’s automobile. The impact was described as severe. Plaintiff sustained a head laceration that required 14 staples to close, as well as a knee injury that required arthroscopic knee surgery. Plaintiff claimed a permanent impairment of the knee. Plaintiff claimed $ 34,531 in past medicals and $ 10,370 in wage loss. Defendant admitted liability, but denied that the plaintiff’s knee surgery was related to the subject accident. The Jury awarded plaintiff $ 125,000 in damages.
Location: Berkeley County, South Carolina
Case Name and Docket Number: Mains v. Barredo, 2009CP0802931
Type of Injury: Back injury-cervical disc; Others-soft tissue injuries to neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $140,000
Case Summary: Plaintiff was a passenger in a vehicle operated by first Defendant. Second Defendant was operating a tractor-trailer on the same road and in the same direction as the plaintiff’s vehicle. Second defendant, who was traveling in the left lane, attempted to change lanes and struck the plaintiff’s vehicle, which was attempting to pass the truck on the right. Plaintiff sustained cervical disc injury necessitating a diskectomy and soft tissue injuries to neck and back. Plaintiff alleged that second defendant attempted to make an unsafe lane change. Alternatively, plaintiff claimed that first Defendant failed to sound his horn and failed to indicate his intention to pass the tractor-trailer on the right. Each of the defendants denied liability and claimed comparative negligence. Case settled for $140,000.
Location: Horry County, South Carolina
Case Name and Docket Number: Purington v. Simon Trucking, Inc., 2002 CP 26 4172
Type of Injury: Fractured ankle
Type of Accident: Side-impact
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was driving her vehicle when she was struck by a vehicle driven by Defendant. Defendant had fallen asleep while operating his vehicle and collided with plaintiff’s car on the front driver’s side as plaintiff came around a curve. Plaintiff suffered a fracture to her ankle, which she alleged resulted in an inability to walk on uneven surfaces and forced her to resign from her full-time job as a paramedic and her part-time job as a firefighter. Defendant admitted liability for the accident but contended that plaintiff was not injured to the extent she claimed and disputed the value of plaintiff’s damages. Jury returned a plaintiff verdict of $ 200,000.
Location: Orangeburg County, South Carolina
Case Name and Docket Number: Bonetto v. Sanders, Jr, 01-CP-38-180
Type of Injury: Shoulder injury resulting in chronic pain
Type of Accident: Side-impact
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was operating her vehicle when she was broadsided by a vehicle driven by Defendant, who failed to yield the right-of-way to plaintiff’s vehicle. Plaintiff claimed she suffered a significant shoulder injury, for which she required surgery, as a direct result of this accident. She claimed she developed a chronic pain syndrome due to the injury. Plaintiff sought damages for past and future medical expenses, as well as damages for pain and suffering. Her husband sought damages for loss of consortium. Defendant failed to respond to the lawsuit. The judge awarded plaintiffs $300,000 in damages at a hearing after a default judgment was entered against the defendant.
Location: Laurens County, South Carolina
Case Name and Docket Number: Weaver v. Granato, Jr, 2012CP300007
Type of Injury: Closed head injury Closed head injury, skull fracture, subdural hematoma and head laceration.
Type of Accident: Head-on
Award/Settlement Amount: $300,000
Case Summary: Plaintiff, a 1 year-old female, was a passenger in a vehicle driven by Defendant. Defendant attempted to exit a private driveway and collided with another vehicle head-on. Plaintiff sustained a closed head injury, skull fracture, subdural hematoma and head laceration as a direct result of this collision. Plaintiff, through guardian ad litem, claimed past medical expenses of $13,870. Plaintiff alleged that defendant failed to keep a proper lookout and failed to yield the right-of-way to oncoming traffic. Defendant initially denied liability but later conceded to being negligent. Defendant agreed to settle the claim for $300,000 in favour of the plaintiff prior to trial.
Location: Horry County, South Carolina
Case Name and Docket Number: Asvestas v. Truett, 00-3163
Type of Injury: Back injury-Herniated cervical disc at C6-C7
Type of Accident: Rear-end
Award/Settlement Amount: $487,190
Case Summary: Plaintiff was attempting a left turn into her driveway when she was rear-ended by Defendant, who was traveling at approximately 50 mph. Defendant was driving a vehicle owned by her employer. Plaintiff claimed she sustained a new herniated cervical disc at C6-C7 as a direct result of the accident. Plaintiff claimed the injury required surgery and resulted in complications that left her unable to return to work. Plaintiff had a previous herniated disc injury at levels C5-C6, for which she had undergone surgery a month earlier and from which she was still in rehabilitation when this accident occurred. Defendants admitted liability for the accident, but disputed the extent of plaintiff’s damages. Plaintiff settled for $487,190 with defendants.
Location: Richland County, South Carolina
Case Name and Docket Number: Burnette v. Patterson, 05-CP-40-0592
Type of Injury: Head injury-Jaw fracture; Other-liver laceration
Type of Accident: Side-impact
Award/Settlement Amount: $500,000
Case Summary: Plaintiff was a 3-year-old female. She was a restrained passenger in a vehicle driven by her father. Defendant was operating a truck owned by co-defendant in the opposite direction of the plaintiff. Defendant crossed over the centerline. Plaintiff’s father swerved to avoid a head-on collision, lost control of the vehicle and drove onto the shoulder of the roadway. Plaintiff’s father then steered back onto the roadway where he collided with defendants’ truck. Plaintiff sustained a jaw fracture which required three surgical procedures for repair and a liver laceration. Defendants denied liability and claimed that Defendant crossed the center as a result of wet roads. Jury awarded plaintiff $ 500,000 in damages.
Location: Allendale County, South Carolina
Case Name and Docket Number: Roberts v. Richardson, 2002 CP 03 0256
Type of Injury: Multiple fractures to lower extremities, including the leg, ankle and foot
Type of Accident: Side-impact
Award/Settlement Amount: $500,000
Case Summary: Plaintiff was driving a motorcycle on a two lane paved road behind a vehicle operated by Defendant. Plaintiff motorcyclist collided with defendant’s car as defendant attempted to make a left turn. Plaintiff sustained multiple fractures to lower extremities, including the leg, ankle and foot, which required surgery, hospitalization for one week and prolonged rehabilitation. Plaintiff claimed in excess of $ 200,000 for medical expenses. Defendant denied veering to the right and maintained that he signaled a left turn. Defendant argued that plaintiff was negligent in not heeding the left turn signal. Jury returned a plaintiff verdict of $ 500,000. Jury also determined that plaintiff was 10% comparatively negligent and the verdict was reduced accordingly.
Location: Greenville County, South Carolina
Case Name and Docket Number: Polland v. Nettles, 2003CP00375
Type of Injury: Back injury-lumbar sprain and strain; aggravation of L3-4 spondylolisthesis and degenerative facet changes at L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $575,000
Case Summary: Plaintiff, 66, truck driver, was traveling north in the deceleration lane. The driver of a second tractor-trailer rig, who was in the course of his employment with defendant, was traveling directly behind plaintiff’s rig. Defendant’s rig struck plaintiff’s rig in the rear. Plaintiff claimed spinal hyperextension injuries that ultimately required lumbar fusion surgery. He was initially diagnosed with lumbar sprain and strain. MRIs however revealed L3-4 spondylolisthesis and degenerative facet changes at L5-S1. Defendant admitted liability but argued that a great deal of plaintiff’s claimed injuries were due to his degenerative conditions that pre-existed the accident. Argument about damages pivoted largely on how much of plaintiff’s injuries were entirely pre-existing and how much of the pre-existing injuries were aggravated by this accident. The case settled for $575,000 prior to trial.
Location: Greenville County, South Carolina
Case Name and Docket Number: Thomason v. Experience Trucking, 7:15-cv-02391-MGL
Type of Injury: Chest injury-ten fractured ribs; fractured sternum; fractured clavicle; fractured left thumb; and a punctured lung.
Type of Accident: Side-impact
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff and Defendant were staying at a hotel and used a rental car provided by their employer to travel between their hotel and the worksite. Defendant was the only employee authorized to drive the rental car. Plaintiff sustained eight fractured ribs on the right side and two on the left side, fractured sternum, fractured clavicle, fractured left thumb and a punctured lung in a car accident when Defendant ran a stop sign and was broadsided on the passenger side by a non-party driver. Plaintiff was transported by ambulance to a hospital where he remained for two days. Plaintiff sought compensatory damages in excess of $500,000. Defendant disputed the financial damages asserted by plaintiff. Jury returned a plaintiff’s verdict in the amount of $1,000,000.
Location: Greenville County, South Carolina
Case Name and Docket Number: Dillon v. Frazer, 2005-CP-23-01781
Type of Injury: Foot injury-Fractured calcaneus to both feet
Type of Accident: Head-on
Award/Settlement Amount: $5,000,000
Case Summary: Plaintiff was operating a vehicle. A rental car was traveling in the opposite direction. The driver of the rental car was traveling at a high rate of speed, lost control and crossed the centerline. The rental car struck plaintiff’s vehicle head-on. Plaintiff claimed he suffered multiple foot fractures in the accident that required internal fixation surgery a transcuboid screw fixation. He walked with a permanent limp as a result of his injuries. Defendant denied all liability. Jury awarded plaintiff $5,000,000, including $2,500,000 in punitive damages. Per plaintiff’s counsel, Defendant’s story was hard to merge with the other facts of the case, which impacted the outcome.
Location: Jasper County, South Carolina
Case Name and Docket Number: Coney v. Zellner, 2007-CP-27-045
Type of Injury: Back injury-Spinal burst fracture at C5 resulting in quadriplegia.
Type of Accident: Side-impact
Award/Settlement Amount: $6,368,541
Case Summary: Plaintiff and Defendant were operating their respective vehicles on intersecting streets. At an intersection, Defendant’s Car struck the driver’s side of plaintiff’s vehicle. The impact caused the vehicle’s roof to collapse onto plaintiff. Plaintiff sustained a spinal cord injury which rendered him a quadriplegic. Defendant was uninsured and defaulted. He was not represented by an attorney at trial. Plaintiff was awarded $6,368,541 against defendant. Plaintiff also pursued a products liability claim against the manufacturer of his vehicle model, claiming that the car was defectively designed. The Manufacturer however contended that plaintiff’s car model exceeded Federal Motor Vehicle Safety Standards as they relate to roof crush and side impact and that very unusual circumstances of this particular accident caused the roof collapse. The claim against car manufacturer resulted in a defense verdict.
Location: Greenville County, South Carolina
Case Name and Docket Number: McCoy v. American Honda, 01-CP-23-07483
We analyzed a group of real lawsuits filed in South Carolina courts by injured car accident victims. All plaintiffs in the group received a court award or settled their case before trial.
Cases include victims of all ages, including a one-year-old baby who suffered a fractured skull and brain trauma from a head-on collision.
In some cases, the plaintiff was found to share some of the blame for the crash, and their award was reduced accordingly. The reduced amount is reflected in the Award/Settlement Amount.
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