If you were injured in a car accident in Columbia, South Carolina law gives you the right to seek payment for the harm another driver caused.
But having rights on paper and getting a settlement that truly covers your medical bills, lost wages, and the damage done to your life are two different things.
You’re recovering from an injury. You shouldn’t also have to battle an insurance company whose business model requires careful management of claim payouts. Our job is to manage the entire legal process so you can put your energy where it belongs: on getting better.
If you have questions, we have answers. Call The Thumbs Up Guys for a straightforward, no-cost case evaluation at (803) 500-1000.
Why Columbians Trust The Thumbs Up Guys
Our firm, known across South Carolina as The Thumbs Up Guys, is built on a simple idea: a five-star experience for every client. This philosophy guides every decision we make.
A Singular Focus on Injury Law
We only handle personal injury cases. This isn’t a side practice for us; it is everything we do. This focus allows us to dedicate all of our resources, knowledge, and experience to one thing: helping people rebuild after an accident.
How We Approach Your Case
We see you as a person, not a case file. Your situation is unique, and our strategy will be tailored to its specific details. Our team handles every legal detail—from gathering evidence and filing paperwork to negotiating with insurance carriers—removing the burden from your shoulders.
Our Columbia Office
You can find us at 914 Richland Street Building C, a few blocks away from Finley Park.
Our Commitment to You
When you hire our firm, we make a few key promises:
- A No-Cost, No-Pressure Review: We’ll listen to what happened and give you a clear assessment of your legal options. For free.
- You Pay Nothing Upfront: We work on a contingency fee basis. This means we only get paid if we secure money for you.
- Clear Communication: You will have a dedicated team keeping you informed. You will know what’s happening with your case, and your questions will get answered.
For a free legal consultation with a car accidents lawyer serving Columbia, call (843) 380-8350
How Is Compensation Calculated in a Columbia Car Wreck Claim?
The goal of a car accident claim is to secure financial compensation to cover your losses. In South Carolina, these payments, called “damages,” fall into a few different categories.
What Are Economic Damages?
These are the straightforward, calculable costs tied directly to the accident. If you have a bill or a receipt for it, it likely falls under this category:
- All medical expenses, from the initial emergency room visit to future physical therapy and medication.
- Income and wages you lost because you were unable to work.
- Diminished earning capacity if the injuries permanently change your ability to do your job.
- The cost to repair your vehicle or its replacement value.
What Are Non-Economic Damages?
These losses are just as real, but they don’t come with a price tag. They are meant to compensate you for the human cost of the collision:
- Pain and suffering.
- Emotional distress and mental anguish.
- Loss of enjoyment of life—the inability to garden, play with your children, or engage in hobbies you once loved.
Can Punitive Damages Be Awarded?
In some situations, yes. Unlike the damages above, which are about compensating you, punitive damages are about punishing the at-fault party for extreme recklessness. According to South Carolina law, these are reserved for cases where the defendant acted willfully, wantonly, or recklessly. A drunk driver who causes a catastrophic injury is a common example.
What if I Was Partially to Blame for the Accident?
South Carolina uses a legal rule known as modified comparative fault. Put simply, you can still recover money as long as you are not found to be 51% or more at fault for the crash.
Your final award, however, is reduced by your percentage of fault. If a jury finds you were 10% responsible, your total recovery is reduced by 10%. Insurance companies know this rule well and will look for any piece of evidence to shift more blame onto you. Our job is to build a case that ensures fault is assigned accurately and fairly.
Columbia Car Accident Lawyer Near Me (843) 380-8350
Where Do Most Collisions Happen in Columbia?
A wreck can happen on any road, but some areas in Columbia and Richland County consistently see more crashes due to high traffic and challenging interchanges.
Many of these accidents happen in predictable locations:
- “Malfunction Junction” (I-26 & I-20): The name says it all. This interchange is known for its heavy congestion and confusing lane merges, leading to a high number of sideswipes and rear-end crashes.
- Assembly Street and Elmwood Avenue: This intersection manages a huge volume of traffic moving between I-26 and the downtown area.
- Gervais Street: As a primary path through the Vista, Gervais Street is filled with vehicles and pedestrians, especially on nights and weekends.
- Two Notch Road (U.S. Route 1): This is a major commercial artery with countless business entrances and exits, creating constant opportunities for T-bone and rear-end accidents.
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What Does the Car Accident Claim Process Look Like?
Here is what you should expect.
- Investigation and Evidence Gathering: This is the foundation. We collect the police report, track down any available traffic camera footage, interview witnesses, and photograph the scene. We also gather all your medical records and bills to begin calculating the full extent of your damages.
- Filing the Claim and Notifying Parties: We formally notify the at-fault driver’s insurance company of your claim. This is a technical step that involves submitting specific forms and documentation to open the file.
- Building the Demand Package: Once you have completed your medical treatment, or reached a point of maximum medical improvement, we assemble a comprehensive demand package. This document tells the story of the accident, details your injuries, presents the legal basis for the other party’s fault, and demands a specific settlement amount based on your total economic and non-economic losses.
- Negotiation with the Insurance Adjuster: The adjuster will review our demand and respond, almost always with a much lower counteroffer. This begins a period of negotiation. We present our arguments, backed by evidence, to justify the valuation of your claim and counter their attempts to minimize it.
- Deciding on a Lawsuit: The majority of car accident cases are settled out of court. However, if the insurance company refuses to make a fair offer, we will discuss the pros and cons of filing a personal injury lawsuit with you. This moves the dispute into the formal court system.
- Settlement or Trial: Even after a lawsuit is filed, negotiations continue. A case might settle at any point, right up to the day of trial. If no agreement can be reached, the case will be decided by a judge or jury.
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Understanding Your Car Accident Case
While every crash is different, most fit into recognizable patterns. Our firm has deep experience across a wide spectrum of collision types.
Common Types of Wrecks in Columbia
- Rear-End Collisions: Unsurprisingly common in stop-and-go traffic on roads like Forest Drive or during rush hour on I-26.
- T-Bone (Side-Impact) Accidents: Typically happen at intersections when a driver ignores a stop sign or red light.
- Head-On Collisions: Less common but devastating, these sometimes occur on two-lane roads without a median.
- Rideshare Accidents (Uber/Lyft): These claims can involve complex questions about which insurance policy, the driver’s personal policy or Uber/Lyft’s corporate one, is responsible for covering your injuries.
- Crashes with Commercial Vehicles: An accident with a delivery van, semi-truck, or other company vehicle means dealing with corporate insurers and different liability standards.
Injuries That Can Follow a Car Accident
The force of a collision can cause a wide range of injuries, some of which may not show symptoms for days. A medical evaluation is always recommended as soon as possible. We handle cases involving:
- Whiplash: An injury to the neck’s soft tissues caused by the head snapping forward and backward.
- Traumatic Brain Injuries (TBIs): These can range from a “mild” concussion to severe injuries with lifelong cognitive or physical effects.
- Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis and permanent disability.
- Broken Bones and Fractures: The impact can easily break bones in the arms, legs, ribs, and hips.
The Deadline to File a Lawsuit in South Carolina
For most car accident cases, South Carolina law provides a three-year window from the accident date to file a lawsuit. This is known as the statute of limitations.
While that may sound like plenty of time, it passes quickly. Key evidence, like surveillance video or the memories of witnesses, can be lost in a matter of weeks or months. Acting promptly helps build the strongest case possible.
A Note on Dealing with Insurance Companies
Soon after an accident, an insurance adjuster for the other driver will likely call you. It helps to understand that you and the adjuster are working toward different outcomes.
Insurance companies are for-profit businesses. Their financial success depends on collecting more in premiums than they pay out in claims. An adjuster’s role is to investigate your claim and resolve it for the lowest amount that is legally defensible. So remember, they may be perfectly polite, but their duty is to their company’s financial interests.
What to Expect During the Process:
- Requests for a Recorded Statement: You are not required to provide a recorded statement to the other driver’s insurance company. Adjusters are trained to ask questions that might get you to say something that could be taken out of context to assign you blame or downplay your injuries.
- An Early Settlement Offer: A fast offer might seem like a good thing, but it usually isn’t. Insurers sometimes make these offers before you know the full extent of your injuries. Accepting it means you waive your right to ask for any more money later, even if you need another surgery down the road.
- A Slow and Tedious Process: The claim system is filled with paperwork and requires methodical follow-up. As your medical bills start to pile up, this slow pace can create frustration and financial pressure, tempting you to accept an unfair offer just to be done with it all. We manage this process for you.
What Can You Do from Home to Help Your Case?
While we handle the legal strategy, you can take a few simple steps to protect your claim.
- Follow your doctor’s orders. Go to every follow-up appointment and physical therapy session. If you don’t, an insurer may argue that you weren’t truly hurt or that you made your own injuries worse.
- Don’t post about the accident on social media. Insurance companies look at social media profiles. A single photo of you at a friend’s barbecue can be used to argue you aren’t as injured as you claim. It’s best to stay offline until your case is resolved.
- Keep all accident-related paperwork. Create a folder for every medical bill, receipt, and letter you receive from an insurance company or doctor’s office.
- Start a simple journal. Make brief notes each day about your pain level, any physical limitations you experience, and how the injuries are affecting your daily life. This can become a powerful tool for demonstrating your non-economic damages.
Frequently Asked Questions About Columbia Car Accident Claims
Will I have to go to court?
It’s unlikely. The great majority of car accident cases are settled through negotiations with the insurance company. A lawsuit is filed only if the insurer refuses to make a fair settlement offer. Even then, most cases settle before a trial begins.
What if the at-fault driver was uninsured?
If the at-fault driver has no insurance or not enough to cover your damages, we can look to your own policy. South Carolina requires drivers to be offered Uninsured/Underinsured Motorist (UM/UIM) coverage, which you may have purchased to protect yourself in this exact scenario.
What if a pothole or malfunctioning traffic light caused my accident?
A claim may be possible against a government entity if its negligence led to the crash. However, these cases have special rules. In South Carolina, you generally have a shorter deadline and must provide formal notice of your claim very quickly. It’s best to speak with a lawyer right away if you suspect a government body was at fault.
What if a friend or family member was driving the car that caused the crash?
It’s an awkward situation, but you still have the right to get your medical bills and other losses covered. You would file a claim against their auto insurance policy, not sue them personally. This is precisely why we all carry insurance—to protect the people we care about if an accident happens.
You Shouldn’t Pay for Someone Else’s Mistake
Your only job right now is to heal. Our job is to take care of everything else.
We know the law, we understand the process, and we are here to make sure your story gets told. For a clear, no-pressure explanation of your rights, contact The Thumbs Up Guys for a free case evaluation.
Call us today at (803) 500-1000.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
