After an accident leaves you hurt and unable to work, medical bills start piling up fast. The insurance company calls with a lowball offer. You know you need help, but one question stops you cold: can you actually afford a lawyer right now?
Most people who need a personal injury lawyer in South Carolina pay nothing upfront and nothing at all if their case doesn’t succeed. At The Thumbs Up Guys, we work on what’s called a contingency fee basis, which means our payment comes only from the compensation we recover for you.
Understanding how personal injury lawyers charge for their services helps you make informed decisions during an already stressful time. This guide breaks down exactly what you’ll pay, when you’ll pay it, and why this fee structure makes quality legal representation accessible to everyone in Charleston, Columbia, and throughout South Carolina.
Key Takeaways for Personal Injury Lawyer Costs
- Personal injury lawyers typically charge between 33% and 40% of your final settlement or award through contingency fee arrangements in South Carolina.
- You pay nothing upfront to hire a lawyer, and if you don’t recover compensation, you owe no attorney fees.
- Case expenses like court filing fees and medical records are separate from attorney fees but are typically advanced by your lawyer.
- The contingency fee structure aligns your lawyer’s interests with your own, creating a partnership where both parties benefit from success.
- South Carolina law gives you three years to file most personal injury claims, making early consultation important.
For a free legal consultation, call (843) 380-8350
What Is a Contingency Fee in South Carolina Personal Injury Cases?
A contingency fee means your lawyer’s payment depends entirely on the outcome of your case. Instead of billing you by the hour or requiring a large retainer upfront, your attorney agrees to take a percentage of whatever compensation they recover for you. If you don’t win your case or receive a settlement, you don’t owe attorney fees.
In South Carolina, contingency fee agreements must be in writing and signed. They must spell out the percentages, what counts as case expenses, and whether expenses are deducted before or after calculating the fee. When your case ends, you’ll receive a written statement showing exactly how every dollar was distributed.
This “no win, no fee” arrangement makes legal representation available to injured individuals throughout South Carolina, regardless of their current financial situation. You don’t need savings in the bank or good credit to hire an experienced lawyer who will fight for fair compensation on your behalf.
How Much Do Personal Injury Lawyers Charge in South Carolina?
In South Carolina, personal injury attorneys typically charge between 33% and 40% of the total compensation they obtain for you. The specific percentage often depends on when your case resolves and how much work is required.
Standard Fee Percentages for Different Case Stages
Most South Carolina personal injury lawyers charge 33.3% for cases that settle before filing a lawsuit. If your case requires filing a lawsuit and potentially going to trial, the fee might increase to 40% to account for the additional time and resources needed.
South Carolina attorney fees are governed by the South Carolina Judicial Branch’s Rule 1.5, which forbids lawyers from collecting an unreasonable fee.
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Understanding the Difference Between Attorney Fees and Case Costs
Many people get confused about the difference between attorney fees and case expenses. Understanding both helps you know exactly what to expect.
What Attorney Fees Cover
Attorney fees represent payment for your lawyer’s time, knowledge, and professional services. This includes investigating your accident, gathering evidence, negotiating with insurance companies, preparing legal documents, and representing you in court if necessary.
What Case Costs and Expenses Include
Case costs are separate expenses that are required to build and pursue your claim. These might include court filing fees, costs to obtain police reports and medical records, fees for outside professionals like doctors or accident reconstructionists, deposition transcripts, and copying costs.
For a straightforward car accident case that settles before filing suit, costs might be relatively low. However, if the same case requires filing a lawsuit, costs could increase significantly, especially if professional witnesses are needed.
How Case Expenses Are Handled in South Carolina
At The Thumbs Up Guys, we advance all case costs. If we don’t recover compensation for you, you owe no attorney fee, and we do not ask you to reimburse those case costs.
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When Does Your Personal Injury Lawyer Get Paid?
Your lawyer receives payment only after your case concludes successfully. Once you receive a settlement offer or verdict, several deductions happen in order: any liens from medical providers get paid, attorney fees are calculated and deducted from the gross recovery, case costs are reimbursed to your lawyer, and you receive the remaining amount along with a written settlement statement detailing every deduction.
Why the Contingency Fee System Benefits South Carolina Injury Victims
The contingency fee arrangement creates several important advantages that protect your interests throughout the legal process.
Access to Justice Regardless of Income
Contingency fees provide access to legal representation for individuals who cannot afford to pay upfront costs. Whether you work in construction, healthcare, hospitality, or any other field in Charleston or Columbia, you can hire experienced lawyers without needing to have thousands of dollars saved up. This levels the playing field for victims against big insurance companies.
Aligned Interests Between Lawyer and Client
When your lawyer only gets paid if you get paid, everyone’s working toward the same goal. We’re motivated to pursue the strongest possible recovery because our compensation depends on your success. We won’t push you to accept a lowball settlement just to close the case quickly.
No Financial Risk While You Recover
After an injury, you need to focus on getting better, not worrying about legal bills. With a contingency arrangement, you can pursue compensation without having to worry about additional financial stress. There’s no monthly invoice to pay, no retainer to deplete, and no hourly charges adding up.
What South Carolina Law Says About Personal Injury Claims
South Carolina Code Section 15-3-530 establishes a three-year statute of limitations for most personal injury claims. This means you have three years from the date of your injury to file a lawsuit in South Carolina court.
Most injury cases have a three-year deadline, but some claims—like those against government entities under the South Carolina Tort Claims Act, certain medical malpractice matters, or claims involving minors—use shorter or different timelines. Early review helps to protect your rights.
Discovery Rule Exceptions in South Carolina
South Carolina follows the discovery rule, which means the statute of limitations clock starts running on the earlier of the date you were injured or the date you discovered or should have discovered the injury. This rule particularly applies in cases where injuries aren’t immediately apparent.
Important Questions to Ask During Your Free Consultation
When you meet with a personal injury lawyer, come prepared with questions about costs and fees.
Ask about attorney fees first. What percentage do you charge, and does it change if a lawsuit gets filed? Is your fee calculated on the gross recovery or after costs are deducted?
Then discuss case costs. Ask questions like: What case expenses should I expect in a case like mine? Will you advance all case costs? If we don’t win, do I owe anything for case expenses?
Finally, understand the process. Ask: How long do cases like mine typically take? What communication can I expect from your office?
Why Hiring a Lawyer Strengthens Your Financial Recovery
Some people hesitate to hire a lawyer because they worry about giving up a percentage of their settlement. The reality is that experienced lawyers typically recover significantly more compensation than unrepresented individuals receive, even after attorney fees are deducted.
Insurance companies know when someone doesn’t have legal representation. They take advantage by offering far less than what the claims are actually worth. A lawyer who stands up to insurance companies every day knows how to calculate the true value of your claim, gather evidence that proves liability and damages, and present your case in the strongest possible light.
FAQ for How Much a Personal Injury Lawyer Costs
Do I Have to Pay Anything Upfront to Hire a Personal Injury Lawyer in South Carolina?
No. Most personal injury lawyers in South Carolina, including The Thumbs Up Guys, work on a contingency fee basis. This means you pay nothing upfront to hire us. We advance all case costs and only get paid if we recover compensation for you. The free consultation is truly free, with no obligation to hire us afterward.
What Happens If I Lose My Personal Injury Case in South Carolina?
If your case doesn’t result in a settlement or award, you owe no attorney fees under a contingency arrangement. At The Thumbs Up Guys, we advance all case costs. If we don’t recover compensation for you, you owe no attorney fee, and we do not ask you to reimburse those case costs. This no-win, no-fee promise removes the financial risk from pursuing your claim.
Can I Negotiate the Percentage My Lawyer Takes in South Carolina?
Some law firms may be willing to discuss fee arrangements, particularly for high-value cases or unique circumstances. During your free consultation, you can ask about the fee structure and whether any flexibility exists. The most important thing is finding a lawyer who will fight hard for your recovery.
Who Pays My Medical Bills While The Case Is Pending?
In the short term, you are still responsible for your medical bills—but you won’t be left to fend for yourself. We help you line up every available payment source and keep collectors at bay while the claim is processed. That can include MedPay on your auto policy, health insurance (including marketplace plans), workers’ compensation if you were hurt on the job, and VA/Medicare/Medicaid.
We also send letters of protection to providers so treatment can continue without up-front payment, and we negotiate liens and subrogation claims (health plans, ERISA, Medicare/Medicaid, hospital liens) at the end to reduce what must be repaid. The goal is simple: keep care moving, stop collection pressure, and increase your net recovery when the case resolves.
How Fast Do I Get My Money After Settlement?
Most clients receive funds within 2–4 weeks after signing the release, but timing depends on a few steps: the insurer issues the check (often 5–10 business days), the check clears our trust account, we obtain final lien statements (Medicare and ERISA plans can add time), reimburse case costs, calculate the agreed fee, and then cut your check with a written settlement statement that shows every dollar in and out.
Situations that can extend the timeline include complex medical liens, multiple insurers, court approval for a minor’s settlement, or a provider who’s slow to respond. We keep you posted at each step so you know exactly where things stand.
Can I Switch Lawyers If I Already Signed with Another Firm?
Yes. You always control who represents you. If you’re unhappy with communication, strategy, or progress, you can hire new counsel. Under typical contingency agreements, your former lawyer may assert a claim for reasonable fees and costs based on their work to date (quantum meruit), but that amount is paid out of the same contingency—you should not pay two full fees.
We coordinate a smooth transition: obtain your file, notify the insurer, honor any valid lien by prior counsel, and keep your case moving without starting over. If you’re considering a change, call us first; we’ll review your situation confidentially and explain how the fee credit would work in your specific case.
Are Contingency Fees the Same for Every Case?
No. Contingency percentages can vary with risk and complexity. A straightforward car crash that settles early may carry a lower percentage than a case that requires filing suit, hiring experts, or going to trial. Certain matters—medical malpractice, product liability, appeals, or cases against government entities—often involve higher costs and stricter proof, which can justify a different percentage or tiered fee (e.g., one rate pre-suit, a higher rate after suit/trial). We’ll spell out the exact percentage, any tiers, and whether fees are calculated on gross recovery or after costs, all in writing before you sign. No surprises—just clarity about how the fee works and why.
The Thumbs Up Guys Have Your Back
After an accident disrupts your life, you need advocates who will handle the insurance companies’ tactics while you focus on getting better. You need lawyers who understand the Charleston and Columbia communities, who have the resources to build strong cases, and who won’t back down from a fight.
At The Thumbs Up Guys, we work on a contingency fee basis because we believe everyone should have access to quality legal representation. You don’t pay anything unless we recover compensation for you.
We offer free consultations at our convenient locations throughout South Carolina. In North Charleston, call (843) 749-8505. In Columbia, reach us at (803) 500-1000. In Summerville, dial (843) 595-8281. In West Ashley, contact us at (843) 428-0312.
During this consultation, we’ll review your case, explain your options, answer all your questions about costs, and help you understand what to expect. The consultation is free, there’s no obligation, and you’ll leave with a clearer understanding of your rights.
Don’t let concerns about cost prevent you from getting the help you need. Contact The Thumbs Up Guys today to schedule your free consultation. We never stop fighting to get our clients what they need.
Call or text (843) 380-8350 or complete a Free Case Evaluation form