A serious car wreck can change your life in a matter of seconds. One moment you are driving to work or picking up your kids, and the next you are juggling doctors' appointments, missed paychecks, and an insurance adjuster who seems more interested in closing your file than understanding what happened to you.
At the Law Offices of Kenneth Berger, our Columbia car accident lawyers help people across South Carolina who have been seriously injured in wrecks caused by someone else's carelessness. Our firm is selective about the cases we take on so that every client receives the time, care, and individual attention their case requires. We always tell our clients, "You focus on getting better, and we'll handle everything else."
If you were hurt in a car accident in Columbia or anywhere in South Carolina, call our Columbia office at (803) 790-2800 for a free consultation.
What Happens When You Call Us
- Free Consultation. Call or fill out our contact form, and we will listen to what happened and answer your questions. No cost, no obligation.
- We Learn Your Story and Build Your Case. We take the time to understand how the wreck has changed your life, from the big losses like missed work and surgeries to the smaller ones that add up every day, like not being able to lift your child, sleep through the night, or get behind the wheel without anxiety. At the same time, we gather police reports, medical records, photos, and witness information.
- We Handle the Insurance Company. We become the liaison between you and the insurance company, communicating your full story and working to secure a full, fair recovery. You will always know where your case stands.
Do You Need a Lawyer After a Car Accident and What Does It Cost?
Not every car crash requires a lawyer. If hiring an attorney would leave you with less money and more hardship, we will tell you so. But we recommend speaking with a car accident attorney before you negotiate or accept any settlement if:
- You suffered a significant injury
- You have missed time from work
- You have concerns about how the wreck will affect your health in the future
- The crash involved a drunk driver or a commercial truck
- The insurance company is not treating you fairly
- Your medical bills are greater than the at-fault driver's insurance limits
As for cost, our firm handles car accident cases on a contingency fee basis. You pay nothing upfront, and you owe no attorney fees unless we recover money for you. Our consultations are always free.
Our Approach to Car Accident Cases in Columbia, SC
Serious injury cases are the focus of our practice. Our mission is to obtain full justice for people whose lives were changed by someone else's negligence, and here is what that looks like in practice:
- We learn what your life was like before the wreck. South Carolina law aims to make you whole, which means your case is about more than medical bills. It is also about the weekend fishing trips you have had to skip, the job duties you can no longer handle, and the everyday routines that now take twice as long. We spend real time with our clients so we understand everything that was lost.
- We keep you informed and we are easy to reach. You should never have to wonder what is happening with your case. We return your calls and emails, explain each step in plain language, and tell you honestly what to expect.
- We serve as your liaison with the insurance company. Adjusters handle claims every day. You should not have to repeat your story to them or figure out their process on your own while you are trying to heal. We handle all communication and negotiations with the insurance company.
- We prepare every case as if it is going to trial. That preparation is what leads to full, fair results, whether your case settles or goes in front of a jury.
- We look for every source of recovery. The at-fault driver's insurance policy is often just the starting point, especially in serious injury cases. No matter the cause of your accident, whether it was texting and driving or a reckless driver who chose to drive after consuming multiple drinks at a bar, our team at the Law Office of Kenneth Berger will put forth every effort to hold all at-fault parties accountable.
What You Should Know After Being Injured in a Car Wreck in Columbia, SC | Your Complete Auto Accident and Recovery Center
We take pride in educating our clients about the legal process and what they should know after a car wreck to ensure their legal rights are protected. Our car accident resource center includes a variety of helpful tools — articles, videos, FAQs, and guides — all designed to protect your rights and guide you toward recovery. We offer several resources:
- Contact our South Carolina Car Accident Injury Lawyer | Free Consultation
- Common Causes of Car Accidents | Fatal Car Accident Statistics in South Carolina
- What To Do After A Car Accident in SC?
- How Much Car Insurance Do I Need?
- How Much Is My Car Accident Worth?
- The Ultimate Car Accident Guide: Protect Yourself With Everything You Need To Know
Car Accident Cases We Handle Across South Carolina
Every wreck has its own facts, and experience with different types of cases matters. Our firm has handled claims against trucking companies, bars that overserved drivers, and drivers who struck pedestrians lawfully crossing the street, and we have helped motorcyclists overcome the bias they often face. We review and accept cases involving:
- DUI Crashes
- Pedestrian Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- ATV Accidents
- Rear-End Collisions
- Head-On Collisions
- Hit-and-Run Accidents
- Wrecks with Uninsured Motorists
- Wrecks with Underinsured Motorists
- Wrongful Death/Fatal Collisions
- Passenger Injuries
- Distracted Driving Crashes
Regardless of the unique aspects of your case, our primary goal is to help you obtain the best possible medical care, along with fair compensation. We want our clients to get well, and hopefully get back to the life they knew as quickly as possible. Bottom line, we are committed to protecting your rights and treating you like a member of our own family.
What Compensation Can You Recover After a Car Crash in Columbia?
Depending on the cause of the wreck and the harm it caused, you may be able to recover compensation for both economic and non-economic losses, including:
- Medical Expenses, past and future
- Lost Wages and Loss of Future Earnings
- Property Damage
- Physical Pain
- Emotional Distress
- Lost Quality of Life/Lost Enjoyment of Life
- Punitive Damages
Some people say you cannot put a dollar figure on pain or mental anguish, but we do it all the time in everyday life. We assign value to medical treatment, baseball tickets, and pieces of art because we recognize they matter. We also recognize there is real value in being pain-free and unburdened by trauma.
A fair recovery should account for what you are likely to face in the future, not just what you have been through so far. People involved in car wrecks often experience problems many years later. Our founding attorney, Kenneth Berger, has seen this in his own family: his stepmother has undergone multiple surgeries that would not have been necessary but for an auto accident when she was in college. We work with experts to help make sure our clients are fully compensated for the hardships they are likely to face down the road.
Want a closer look at how case value is calculated? Read How Much Is My Car Accident Worth?
Common Injuries Caused By Car Wrecks
Head-on collisions, T-bone wrecks, and rear-end crashes can all cause injuries that follow a person for years. Some of the injuries we see most often include:
- Traumatic Brain Injuries
- Damage to the Cervical Spine
- Lower Back Injuries
- Ligament Tears in the Shoulder
- Ligament Tears in the Knee
- Broken Bones
Injuries like these bring more than pain. They can mean large medical bills, lost wages, and years of future treatment. They can also mean needing help with things you used to do without thinking. If you are dealing with a life-changing injury, mounting bills, or a difficult insurance company, our team is ready to take that weight off your shoulders.
What to Know After a Car Accident to Protect Your Rights
Our firm does not run TV commercials or billboards. Instead, we write books and make a point of keeping people informed. Whether or not we ever meet, we want every person hurt in a wreck to know a few things that can protect their rights.
1. You do not have to give the at-fault driver's insurance company a recorded statement or sign a records authorization.
The other driver's insurer may tell you that giving a statement or signing a HIPAA release is in your best interest. That is rarely the case. Recorded statements are often used to minimize your injuries, and a broad records release can open your entire medical history to review for anything that could be argued as a "pre-existing condition." Giving a recorded statement is one of the most common mistakes people make after a Columbia car accident. One benefit of having a car accident attorney is that you do not have to deal with adjusters directly. For a fuller picture, read the top things every South Carolina auto accident victim should know.
2. If you have health insurance, submit your medical bills from the wreck to your health insurer.
Some medical providers tell patients they cannot use health insurance for treatment related to a car accident. That is not true. If your own health insurance company suggests you pay out of pocket and wait for money from the wreck, do not follow that advice. Using your health insurance often leaves you with more money at the end of your case, because insurers pay reduced, negotiated rates for your care. Your health insurer may ask to be repaid from your settlement, but that repayment can often be negotiated down. Learn more about how health insurance liens work and how they can save you money.
3. The at-fault driver's insurance policy may not be your only source of recovery.
This is extremely important. Many of the serious wrecks our firm has handled involved a driver who carried only the minimum coverage South Carolina requires, which is $25,000 for one person's injuries under S.C. Code § 38-77-140. When your medical bills or lost earnings are greater than that, you still have options even when the at-fault driver has minimum limits. We look further:
- Other policies that apply to the driver. If the driver was operating someone else's car, we may be able to recover under that vehicle's policy as well as the driver's own.
- An employer. If the driver was working at the time of the wreck, the business may also be responsible.
- Your own underinsured motorist coverage. South Carolina law requires insurance carriers to offer underinsured motorist coverage under S.C. Code § 38-77-160. If you have it and your damages are greater than the at-fault driver's coverage, an underinsured claim may be necessary. In some situations, you can "stack" underinsured coverage from more than one vehicle. Learn more in How Much Car Insurance Do I Need?.
- A bar or restaurant. If a drunk driver caused the wreck, the facts may support a claim against the business that overserved them. This is known as a dram shop claim.
Two examples from our own case results:
- A Columbia bar served a young man more than 10 drinks' worth of liquor, beer, and Red Bull in a single afternoon. Less than an hour after leaving with a blood alcohol level of 0.20%, two and a half times the legal limit, he crossed the centerline and hit a teenager on his way to work. Our client survived but suffered broken bones that required multiple surgeries. The bar's insurance companies settled for $3 million, in addition to the drunk driver's policy limits.* Read the full case result.
- Our young client and a friend were served alcohol at multiple York County bars. On the way home, his friend, who was driving impaired, lost control on a curve and hit a tree. Our client was riding as a passenger and died from his injuries. We held the driver and the bars that served them accountable, and all claims were resolved for $8.35 million.* Read the full case result.
*The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.
4. Do not settle before you understand your future losses.
Once you accept a settlement, your claim is over. Before agreeing to anything, make sure the amount reflects not only the treatment and time off work you have already had, but what your injuries are likely to cost you in the years ahead.
How We Handle Your Case
- We investigate early and preserve evidence. Police reports, photos, vehicle data, phone records, witness statements, and medical records are gathered before they are lost. That evidence helps show why the wreck happened, including whether the other driver was distracted, impaired, or speeding.
- We identify every responsible party and every insurance policy. That includes the driver, vehicle owners, employers, and your own underinsured motorist coverage when it applies.
- We document your full losses, present and future. We work with your doctors and, when needed, outside experts to show the complete impact of your injuries on your life.
- We present your claim and negotiate with the insurance company. We handle all communication with adjusters and keep you updated every step of the way.
- We file a lawsuit when it is the right path. If the insurance company will not offer a fair recovery, we are prepared to take your case to court. Learn what happens after a personal injury lawsuit is filed in South Carolina.
For more answers and guidance, call us today at 803-790-2800 or start a live chat with us right now. You are also welcome to request a free copy of attorney Kenneth Berger's book, Safety First, Justice Always: Your Guide to South Carolina Auto Accident Law.
FAQs About Car Accident Injury Cases in South Carolina
If you have serious injuries, if the wreck involved a drunk driver or a commercial vehicle, or if the insurance company is not treating you fairly, you will likely benefit from working with a car accident attorney. Not every car accident claim requires a lawyer to reach a fair settlement, but we recommend at least consulting with one before accepting any offer from an insurance company. Our firm offers free consultations and will tell you honestly whether hiring a lawyer makes sense for your situation.
Most car accident lawyers in South Carolina, including our firm, work on a contingency fee basis. That means you pay nothing upfront and owe no attorney fees unless the lawyer recovers money for you. Your fee agreement will explain the percentage and how case expenses are handled.
Yes. In South Carolina, the statute of limitations for car accidents is 3 years against a non-government entity and 2 years agaiIn South Carolina, you generally have three years from the date of the wreck to file a car accident lawsuit against a private person or business under S.C. Code § 15-3-530. If the claim is against a government entity, such as a city, county, or state agency, the deadline is generally two years under the South Carolina Tort Claims Act. Exceptions can shorten or extend these deadlines, so it is best to speak with an attorney as soon as possible after your wreck.
After a car accident in South Carolina, you may be able to recover economic damages such as medical expenses, lost wages, loss of future earnings, and property damage, as well as non-economic damages such as physical pain, emotional distress, and lost quality of life. The value of every case depends on its facts, so we recommend talking with an injury attorney about what your case may be worth before settling with an insurance company.
If you have health insurance, you should use it for all treatment related to your car accident injuries in South Carolina. Your health insurer may seek repayment from your settlement later, which your attorney can negotiate. If you do not have health insurance, an attorney may be able to write a letter of protection to your doctor, promising payment from your recovery so you can continue receiving the care you need. Learn more about how medical bills are handled.
South Carolina requires drivers to carry at least $25,000 in bodily injury coverage per person, which is often not enough to cover a serious injury. When the at-fault driver's policy falls short, there may be other sources of recovery, including other policies that apply to the vehicle, the driver's employer if they were working, a bar that overserved a drunk driver, or your own underinsured motorist coverage. An attorney can review every potential source so nothing is missed.
In most cases, compensation for physical injuries from a car accident in South Carolina is not taxable income under federal law. There are exceptions, including punitive damages and interest, which may be taxable. Because every situation is different, we recommend speaking with a tax professional about the specific terms of your settlement.
Talk to a Columbia Car Accident Lawyer
Whether you were just in a wreck and don't know what to do, or have tried to deal with the insurance company on your own and become frustrated, I am here to help you regain control. While you focus on getting well, I focus on obtaining full justice for every harm and loss caused by the accident.
To schedule a free case evaluation and begin receiving guidance, use our live chat feature. Our offices are conveniently located in Columbia and Myrtle Beach, and we have been proudly serving clients throughout the surrounding areas. Contact us online today or call us at 803-790-2800 (Columbia, SC) / 843-427-2800 (Myrtle Beach, SC). If you're not ready to talk, but still want to learn more about your rights, allow us to email you a complimentary copy of Safety First, Justice Always: Your Guide to South Carolina Auto Accident Law.