If you’re pulled over, arrested, or even worried about a DUI in South Carolina, you’re not alone – and you’re not the first person to Google the exact questions below. South Carolina’s DUI laws are strict, technical, and full of details that most people don’t learn until it’s too late.
This guide breaks down the most common DUI questions we hear at Mastantuno Law Firm, answered in clear, practical language so you know what to expect – and how to protect yourself.
Yes. Absolutely.
In South Carolina, DUI doesn’t require alcohol – only that a substance “materially and appreciably impairs” your ability to drive (S.C. Code §56-5-2930).
That means you can be charged with DUI if you’re impaired by:
Even if the medication is legal and taken as prescribed, impairment = arrest.
You can technically refuse – but the consequences start immediately.
Under South Carolina’s Implied Consent Law, refusing the breath test leads to:
In many cases, refusing the breath test makes the situation harder, not easier.
You can still be charged with DUI.
South Carolina law allows DUI charges at:
0.08% is not the threshold for innocence – it’s the threshold for a legal inference of impairment.
Yes. This is called “DUI by interpretation” or “DUI by circumstance.”
You can be arrested if:
This is extremely common in:
Yes. The law looks at whether you were in actual physical control of the vehicle.
That means DUI can apply if:
If you need to sleep it off, always:
Still not a guarantee – but much safer legally.
Your license can be suspended before you’re ever convicted.
Two types of suspensions exist:
You may qualify for:
A lawyer can help restore driving privileges faster.
Yes – jail time is possible for first-time offenders in SC.
1st Offense DUI Penalties:
Judges may allow:
But jail is not automatically waived for first offenders.
No – DUIs cannot be expunged under South Carolina law.
A DUI conviction remains on your criminal record for life.
Almost certainly.
After a DUI in South Carolina:
The financial impact often lasts 3–7 years.
Yes – and you probably should.
Field Sobriety Tests (FSTs):
You won’t avoid arrest, but you avoid giving them flawed data.
DUI = impaired driving
DUAC = Driving with Unlawful Alcohol Concentration (.08 or higher)
DUAC penalties are similar but:
Not during the traffic stop.
Miranda rights are required only when:
Un-Mirandized roadside conversations are still admissible.
Keep it simple:
Talking too much is one of the biggest reasons people get charged.
If you care about:
Then yes.
DUI law in South Carolina is technical, fast-moving, and unforgiving. Defending yourself almost always results in harsher penalties.
A DUI charge in South Carolina can impact your freedom, your job, your license, and your reputation – even if it’s your first offense.
At Mastantuno Law Firm, we help clients:
If you’re facing a DUI charge, the worst thing you can do is wait.
Contact us today for a free consultation.
When you’re hurt because of someone else’s negligence, the medical bills and lost wages are only part of the story. The real impact often shows up in the pain you live with, the anxiety that hits you at night, or the hobbies and relationships your injuries now limit.
This is why pain and suffering compensation exists – to compensate victims for the non-economic harm an injury causes.
In South Carolina, these damages can be substantial, but the rules behind them are more complex than most people realize.
Below is a clear, SC-specific guide to how pain and suffering works, how it’s calculated, and what your claim may be worth.
Pain and suffering includes the physical and emotional impact your injury has on your daily life.
Under South Carolina law, this generally includes:
These are huge factors in valuation:
There’s no universal formula, but South Carolina adjusters, attorneys, and courts typically use two main methods:
Your economic damages (medical bills, lost wages) are multiplied by a number between 1.5–5+, depending on:
Example:
$25,000 in medical bills × 3 multiplier = $75,000 pain and suffering compensation
A daily dollar amount is assigned for every day you suffered until you reached maximum medical improvement (MMI).
Example:
$200/day × 120 recovery days = $24,000 total
South Carolina factors that influence your pain and suffering value:
There’s no official average because cases vary widely. However, typical ranges look like:
Your personal injury lawyer’s ability to document and argue these damages significantly impacts your case.
For South Carolina car accidents, pain and suffering depends on:
Insurance companies pay the least when:
They pay the most when:
This is where many people get confused.
BUT — you may recover pain and suffering if:
These third-party cases dramatically increase compensation beyond the workers’ comp system.
Online calculators only estimate very broad ranges.
They can’t account for:
A real calculation requires medical review + an experienced personal injury lawyer.
Money awarded for the physical pain and emotional harm caused by an injury.
Settlements in SC typically range from $5,000 to several hundred thousand dollars depending on severity, treatment, and permanency.
Through the multiplier or per-diem method. The multiplier (1.5–5+) is most common in South Carolina.
Medical treatment, imaging, long-term pain, permanent impairment, daily life limitations, and whether you were partly at fault.
Technically no — but insurance companies almost never pay fair pain and suffering without a lawyer, especially in SC.
Yes. Veterans injured in civilian accidents have the same rights to compensation as anyone else, and their military background is often helpful in proving lifestyle impact.
Not through workers’ comp — only through a third-party personal injury claim.
You should contact an attorney when:
Pain and suffering is often the largest part of a settlement, and without legal help, that category is the first thing insurers try to minimize.
Mastantuno Law Firm helps injured South Carolinians build strong cases that capture the full value of their physical and emotional losses.
Contact us today for a free consultation.
A first time DUI charge in South Carolina in 2025 can be an overwhelming experience. The law is strict when it comes to driving under the influence, and the consequences of a conviction can affect your driving privileges, career, finances, and reputation.
At Mastantuno Law Firm, we have extensive experience defending DUI cases in Charleston, SC, and throughout South Carolina. If you’ve been arrested for DUI, understanding what to expect can help you prepare for the legal process and protect your future.
When you are arrested for DUI in South Carolina, you will go through several steps, including:
What You Should Do:
If you are facing a first-time DUI charge in South Carolina, you will go through the criminal court process, which includes:
Your DUI attorney will analyze the prosecution’s evidence, including:
If there were errors in the arrest process, your lawyer may file a motion to dismiss certain evidence.
Even for a first offense, a DUI conviction can result in severe penalties, including:
Additional consequences include:
A DUI conviction in South Carolina can have lasting consequences beyond the courtroom:
A first-time DUI charge does not automatically mean a conviction. At Mastantuno Law Firm, we use proven defense strategies to fight DUI cases, including:
A DUI charge in South Carolina is serious. An experienced Charleston DUI lawyer can help you navigate the legal system and fight for a favorable outcome.
At Mastantuno Law Firm, we:
If you’ve been charged with a first-time DUI in South Carolina, don’t wait to seek legal help. The sooner you hire an attorney, the better your chances of minimizing penalties or getting the charges reduced.
Being convicted of a DUI is not just about paying a fine or serving a short time in jail. For many people, the real damage happens behind the scenes – in higher insurance premiums, lost employment opportunities, licensing issues, and more. Here’s a breakdown of what you really face if you are convicted of driving under the influence in South Carolina (or elsewhere) – and why having strong legal representation matters.
In South Carolina, the financial impact of a DUI conviction extends far beyond the initial ticket. While many people think of a DUI as a one-time fine, the truth is that each conviction comes with mandatory assessments, surcharges, license suspensions, and often jail time – all of which compound quickly.
According to the S.C. Code of Laws Sections 56-5-2930, 56-5-2940, 56-5-2950, 56-5-2990, 56-5-6240 on SC Laws Relative to Impaired Driving –
Felony DUI Charges – Results in Great Bodily Injury or Death
In addition to these fines and penalties, offenders typically face the cost of towing and impoundment, bail, mandatory alcohol education or treatment programs, and license reinstatement fees, all of which can push the total financial impact of a DUI conviction well into the tens of thousands of dollars.
One of the most costly long-term consequences of a DUI conviction in South Carolina is the impact it has on your auto insurance. While a first-time DUI may cost several hundred dollars in fines, the financial hit from higher premiums can last for years, often far exceeding the original penalty.
Ultimately, the best way to minimize long-term costs after a DUI is to compare rates across multiple insurers, maintain a clean record going forward, and consult an attorney early in the process. In many cases, timely legal action can help reduce charges or penalties – which can make a measurable difference in how insurers assess your future risk.
After a DUI conviction in South Carolina, your driver’s license will be suspended or revoked for a prescribed period, and reinstating it requires more than simply paying fees. For many drivers, the path back to legal driving includes mandatory programs, device installations, and strict compliance requirements.
Under the new law effective May 19, 2024, anyone convicted of Driving Under the Influence (DUI) or Driving with an Unlawful Alcohol Concentration (DUAC) must install a breath alcohol ignition interlock device (BAIID/IID).
The period for which the IID must remain installed depends on how many prior offenses you have and other factors.
New South Carolina DUI Law: How the All-Offender Requirement Impacts Offenders
Reinstatement also typically involves:
Failing to comply with any of these requirements – including skipping the interlock installation – will prolong your suspension or prevent reinstatement altogether. SCDPPPS – Ignition Interlock
4. Employment, Career, and Licensing Consequences Following a DUI
A DUI conviction can have serious implications beyond the courtroom – especially for professionals whose careers depend on trust, licensure, or clean background checks.
In South Carolina, licensing boards for fields such as healthcare, education, law, real estate, and commercial driving may open investigations after a DUI conviction. The outcome often depends on factors like whether anyone was injured, your prior record, and whether the offense occurred on the job. First-time offenders who report the conviction promptly and complete any required programs often avoid license suspension or formal discipline.
Certain careers face stricter standards, including:
For others, the long-term damage often comes through:
If you hold a professional license or work in a regulated field, consulting an experienced DUI attorney early can help protect your credentials, ensure compliance with reporting rules, and minimize the career fallout from a conviction.
Contact Mastantuno Law Firm Today for a Free Consultation
Beyond the dollars, there are many costs that are harder to measure but very real.
After a DUI arrest, engaging a lawyer early can help preserve evidence, challenge procedures and reduce the risk of conviction or enhanced penalties.
Ask your attorney not just about the fine, but about insurance hikes, license monitoring devices, lost work, and other cascading impacts.
Notify your agent, compare rates, explore whether high-risk driver programs apply, and budget for several years of higher premiums.
If your license may be suspended or you face work-only or IID requirements, plan alternative transportation so your employment and daily life aren’t derailed.
Keep records of fees paid, program attendance, vehicle inspections, insurance notifications, and any employment impact – this will help if you later negotiate insurance or job issues.
If your career or licensing body may be impacted, speak with your attorney about disclosure requirements, mitigation options and how a DUI could affect your livelihood.
A DUI conviction is far more than a legal infraction – it can be a long-term drag on your finances, your career, your personal freedom, and your future. The true cost often emerges gradually, as insurance premiums soar, driving privileges disappear, jobs are jeopardized, and hidden fees pile up. At Mastantuno Law Firm in Charleston, we understand that protecting your rights means more than just fighting the charge – it means preserving your future. If you are facing DUI charges, act promptly, get informed, and choose representation that sees the full picture.
Contact Mastantuno Law Firm Today for a Free Consultation. Let’s get in front of this.
Being involved in an accident can be confusing, stressful and full of unknowns. What you do (or don’t do) in the minutes and hours after the incident can significantly affect your health, your insurance claims and your rights. Below are the key actions you should take right away – and why each matters.
Also, review our guide on Common Mistakes to Avoid in a Personal Injury Claim.
Your first priority is always health and safety. If you or any passengers are injured, call 911 immediately. Even if everyone appears OK, it’s wise to have a medical professional check you out – injuries such as whiplash or internal trauma may not show symptoms right away.
If your vehicle is still drivable, move it (and yourself) to a safe location – out of the flow of traffic if possible, with hazard lights on. This reduces the risk of secondary collisions and demonstrates responsible action.
Having an official police or crash-report carries two important benefits: it adds credible third-party documentation of the incident, and it often triggers legal or insurance-process rights. Many jurisdictions require a report if there’s injury or significant damage.
At the scene, when interacting with the officer: provide factual answers, get the officer’s badge number, and after they leave, request a copy (or the report number) for yourself. Don’t speculate or admit fault.
Before evidence disappears, document everything you can. This includes:
How to Document the Scene Correctly after a Car Accident
Get the essential information from every other driver and vehicle involved:
Contact your own insurance company as soon as you are able – many policies require very prompt notification. Provide the basic facts (time, place, other driver info, injuries/damages) but again: avoid admitting fault. Be honest and consistent. Delays or misstatements can undermine your claim.
As noted above, some injuries become apparent only later (e.g., concussion, internal bleeding, soft-tissue damage). A prompt medical evaluation accomplishes two things: it protects your health and it creates a medical record linking the injuries to the accident. That record may be critical if you later seek compensation for medical bills, lost wages or pain and suffering.
Over the coming days and weeks, continue to compile and maintain all related records:
Every state has deadlines for filing certain legal claims (statutes of limitation) and for reporting accidents to insurance companies or law enforcement. Failing to act within those timelines can permanently limit your rights. For example, in some jurisdictions you must file a report or claim within a relatively short window.
If you’ve suffered serious injuries, long-term impairments, or there’s a dispute over who was at fault, consulting an attorney early may protect your rights. While this is more obviously legal-advice territory, the key is this risk factor: once insurers or opposing parties begin investigations or negotiations, you’ll want someone experienced reviewing the facts, evidence and legal options. (Note: this step is about preserving rights, not automatically “you must hire a lawyer.”)
By following the above steps, you help ensure that:
Since you’re operating in Charleston, SC, you’ll want to tailor the above to reflect state-specific rules:
An accident can be overwhelming – but how you respond in the minutes, hours and days following the incident can make a significant difference in protecting your health, finances and legal rights. Prioritize safety, document everything, report what you must, avoid premature statements of fault, and keep detailed records. If your situation involves serious injuries or disputes, consulting someone experienced in accident-law and insurance is a wise next step.
We can help. Contact Mastantuno Law Firm for a free consultation today.
When it comes to encounters with law enforcement on the road, DUI (driving under the influence) checkpoints — also called sobriety checkpoints or roadblocks — are among the most legally nuanced. For many drivers, they raise questions like: Do I have to stop? Can they search my car? What rights do I still hold? In this blog, we’ll walk through the legal framework, what to expect, and practical advice to protect your rights.
In Michigan Dept. of State Police v. Sitz (1990), the U.S. Supreme Court held that DUI checkpoints can be consistent with the Fourth Amendment (which guards against unreasonable searches and seizures). The Court balanced the government’s interest in preventing drunk driving against the intrusion on motorists.
However, that ruling does not give carte blanche to law enforcement. Checkpoints must follow procedural safeguards: they should be planned in advance, use neutral selection criteria (not arbitrary), be adequately publicized, and minimize the intrusion on drivers.
Another Supreme Court decision, City of Indianapolis v. Edmond (2000), draws a crucial boundary: roadblocks or checkpoints whose primary purpose is to uncover general criminal wrongdoing (e.g. drug searches) are unconstitutional. In contrast, checkpoints focused on seats for impaired driving, DUI enforcement, or highway safety are more likely to pass legal muster. Wikipedia
Even though the federal standard allows checkpoints under certain conditions, states may impose stricter limitations—or ban them entirely. For example:
Because of this patchwork, whether a checkpoint is lawful depends heavily on where you are.
While procedures vary, many sobriety checkpoints follow a recognizable pattern:
If you are arrested at a checkpoint:
If you have been affected by a DUI Checkpoint in South Carolina, Contact Mastantuno Law Firm today. We can help.
In today’s hyperconnected world, many of us routinely post updates, photos, location check-ins, or comments about how we’re feeling. But if you’re pursuing a personal injury claim, your digital footprint can become a legal liability. Opposing counsel, insurance adjusters, and courts increasingly treat social media content as discoverable evidence. What seems like an innocuous post can become fodder to undermine your credibility, reduce your recovery, or even get your case dismissed.
Below, we explore the risks, real-world examples, legal groundwork, and best practices to protect your claim.
Social media content (posts, photos, videos, check-ins, comments) is routinely used in personal injury cases as digital evidence. Courts often admit this evidence under the same rules as other evidence, provided it’s authenticated, relevant, and properly preserved.
Even private or “friends only” content can be compelled during discovery if deemed relevant by the court.
One of the most common uses of social media by defense teams is to find contradictions:
These contradictions are leveraged to argue that the plaintiff is exaggerating, malingering, or otherwise misrepresenting their condition.
Because social media is so integral, legal teams often fight over access. Discovery requests (or subpoenas) may demand your full social media history, including message attachments, metadata, or deleted content.
Attempting to delete or alter posts once litigation is foreseeable can backfire severely. Courts may draw adverse inferences (i.e., assume the deleted content was unfavorable) or impose sanctions for spoliation.
It’s not just your own posts that matter:
Thus, you can be “caught” by someone else’s online commentary—even if you never intended it to be part of your case.
Even before trial, insurance adjusters and defense lawyers comb social media to weaken your claim. A social media post they regard as contradictory can become leverage to reduce settlement offers or force you to accept less.
In one cautionary example, a claimant’s hiking photos were used to challenge claimed injuries, reducing their compensation.
In Romano, the plaintiff claimed she suffered permanent injuries (neck/back) that limited her daily life and enjoyment of activities.
The defendant asked for access to her private Facebook and MySpace pages, including deleted content, arguing that her social media posts contradicted her claim of being homebound.
The court granted the motion, finding that social media content was relevant to questions of credibility and the extent of injury, and ordered her to provide authorizations for social media records.
Notably, the decision recognized that a user’s “reasonable expectation of privacy” over their social media is limited when the content is material and relevant to the litigation.
This is a landmark New York case that set standards for how private social media posts may be discoverable. FORMAN v. HENKIN
Facts & Legal Holding:
Thus Forman clarified that “private” does not automatically mean “undiscoverable,” especially when the plaintiff puts lifestyle, cognitive capacity, or functional limitations at issue.
To understand why social media content is fair game, here are a few legal principles:
Because of these principles, courts and attorneys treat your online presence as part of your “case file.”
To protect your claim, here are prudent guidelines:
If you absolutely must use social media (e.g. to post emergencies, life events unrelated to your case):
Social media may feel harmless, but in a personal injury case it can be one of the biggest threats to your credibility and recovery. Even a single photo or comment can be taken out of context and used against you. The safest move is to stay offline and let your attorney guide you on what’s appropriate.
If you’ve been injured in South Carolina, contact Mastantuno Law Firm today for a free consultation.
📞 (843) 720-3749
🌐 mastantuno.com
Charleston has seen a spike in boating incidents this summer, including arrests for Boating Under the Influence (BUI), fatal accidents under bridges, and serious injuries tied to alcohol or operator negligence. This post explains what BUI means in South Carolina, recent cases in the Charleston area, how the law applies, and how Mastantuno Law Firm can defend you.
The South Carolina Department of Natural Resources and Charleston County Coroner are investigating a fatal boating crash in Ravenel at Tea Farm Creek. The boater, 22-year-old Tallon Goff, was killed after passing under a sunken or low-clearance bridge. The incident occurred around 7:38 p.m. on July 3, 2025, with one fatality confirmed during the investigation. Alcohol involvement has not been confirmed yet, but the SCDNR is leading the probe.
Sources:
Near Pinckney Island, a vessel capsized, killing two older Howell County residents and injuring two others. While not directly tied to a BUI charge, such crashes often overlap with investigations of operator impairment or negligence.
Sources:
Four people were ejected from a boat during a high-speed crash on the Cooper River. The operator was arrested for boating under the influence after admitting to drinking. One passenger was critically injured.
Sources:
Under South Carolina law, operating a boat while impaired is prohibited:
In fatal or serious injury cases (like Ravenel and Skull Creek), BUI charges may accompany wrongful death or negligent operation investigations.
Factors contributing to increased BUI enforcement:
Give us a call our main office, or fill out our contact form.
Allen Mastantuno was born and raised in Charleston, SC. He graduated from the College of Charleston (B.A., 2003) and from the University of South Carolina School of Law (J.D., 2007).
After graduating from law school, he clerked for the Federal Public Defender’s Office in Charleston, SC gaining valuable experience in the Federal criminal system. From 2008 to 2010, Allen worked as a prosecutor for South Carolina’s Ninth Judicial Circuit which includes Charleston & Berkeley County.
He became the lead DUI prosecutor in the Berkeley County office and handled over 100 DUI cases ranging from DUI 1st Offense to Felony DUI Involving Death. As a prosecutor, he was extremely active in the courtroom, trying difficult and lengthy cases including such serious offenses as Armed Robbery and Burglary. While earning his reputation as a hard fighting trial attorney, he also assisted with and prosecuted hundreds of other cases ranging from Murder to traffic violations.
Since 2010, Allen Mastantuno has focused his entire practice on defending his client’s rights. He has successfully represented clients who face serious criminal charges or who have been injured in an accident. Examples of charges Allen Mastantuno has defended include: Murder, Attempted Murder, Armed Robbery, Arson, Criminal Sexual Conduct, Burglary, Felony DUI, Trafficking of Drugs, Manufacturing/Distribution of Drugs, Financial Crimes. If you have been charged with a crime Mastantuno Law Firm, LLC can help.
As a trial attorney, Allen Mastantuno has also helped people who have been seriously hurt. Whether you have been hurt in a car, motorcycle, boat or other vehicular accident Allen Mastantuno can help.
In recent months, the Charleston Police Department has launched an aggressive campaign to curb impaired driving. That means DUI checkpoints—sometimes referred to as “sobriety checkpoints” or “license and registration checkpoints”—are showing up again across Charleston County.
Reports are coming in from Downtown Charleston, Folly Beach, and James Island. Local drivers are reporting increased police presence on key roads at night. But what many people don’t realize is that DUI checkpoints come with strict rules and rights that can directly impact whether an arrest will hold up in court.
Charleston Police have confirmed recent DUI checkpoints in the following areas:
Local media and official city alerts show that Charleston PD has deployed checkpoints at these locations over the past year:
Police deploy checkpoints based on data-driven analysis—emphasizing trouble spots with high rates of DUI accidents or fatalities. After the fatal Morrison Drive hit-and-run in April 2024, city leadership intensified checkpoint enforcement especially around King Street and bridges into the peninsula Source: Live 5 News.
Large-scale events, holidays like New Year’s Eve, and heavier enforcement times (evenings on weekends) often see saturation patrols and checkpoints in multiple zones across Charleston and neighboring areas DUI Checkpoint News: Live 5 News.
According to ABC News 4, these checkpoints often occur on Thursday, Friday, or Saturday nights between 9:00 p.m. and midnight.
Most target areas near downtown bars, bridges, and high-traffic corridors connecting the peninsula to surrounding areas like James Island, West Ashley, and North Charleston.
Law enforcement says the increased presence is data-driven: police analyze areas with the most DUI-related accidents, injuries, and fatalities to determine where to deploy resources.
Checkpoint stops are legal in SC, but only if police strictly follow constitutional and statutory protocols:
Failure to meet these standards—including inadequate notice or arbitrary stops—can provide grounds to challenge a DUI arrest at a checkpoint.
Historical data and official alerts indicate the following:
| Period/Event | Typical Locations | Time Range |
| Spring–May 2024 | East Bay & South; King & Huger | ~7 p.m.–10 p.m. |
| March 2025 | Folly Road & Albemarle; Calhoun & Pitt | 9 p.m.–Midnight |
| Late April 2025 | King & Huger; Calhoun & Halsey | 9 p.m.–Midnight |
| New Year’s Eve 2024 | Morrison/Jackson; Calhoun/Smith; others | 8 p.m.–Midnight |
Yes, but the law requires that police follow specific guidelines. If these aren’t met, any resulting DUI charges may be subject to dismissal.
If any of these factors are missing or improperly handled, your DUI charge could be vulnerable. Learn more about common defense strategies in our step-by-step DUI defense guide.
While these stops may be advertised as routine “safety checks,” police are specifically looking for:
You are not legally required to answer incriminating questions. You can—and often should—politely decline to answer beyond basic identification. If they ask, “Have you had anything to drink tonight?” you’re within your rights to say, “I’d prefer not to answer any questions.”
If you find yourself in a DUI checkpoint in Charleston, here’s what to do:
A first-time DUI charge in South Carolina can carry:
But not all DUI charges result in conviction. If the checkpoint was improperly set up or executed, the entire case can be challenged. Learn what to expect after a first-time DUI charge in SC, and how our criminal defense team can fight for your future.
Checkpoint-related arrests aren’t always limited to DUI. At Mastantuno Law Firm, we also defend Charleston clients against:
See more about our criminal defense services.
If the checkpoint results in an accident or injury, we can help victims pursue compensation through a personal injury claim. Insurance companies will often deny or undervalue these claims—especially when alcohol is involved. Here’s how to protect your rights.
Mastantuno Law Firm has successfully defended hundreds of DUI and criminal charges across Charleston, Mount Pleasant, Folly Beach, and the surrounding Lowcountry. We understand how DUI checkpoints work—and how to find the holes in the prosecution’s case.
If you’ve been charged, don’t wait.
Visit us: https://mastantuno.com
Call now for a free consultation: (843) 720-3741
Or contact us through our online form.
When you’re injured due to someone else’s negligence—whether it’s a car wreck on I-26, a slip and fall in a Charleston grocery store, or medical negligence in a local hospital—your medical records become one of the most powerful tools in your personal injury case.
In South Carolina, medical documentation doesn’t just prove that you were hurt—it helps determine how much compensation you may be entitled to, how long your case will take, and whether there will be any delays in processing your personal injury claim.
This guide from an experienced South Carolina personal injury attorney covers the most common questions we get about how medical records impact settlements, and how they intersect with Medicaid, insurance, taxes, and more.
Yes—medical bills are one of the core components of a personal injury settlement. In South Carolina, your settlement may include:
But here’s the catch: your settlement must be backed up by proper medical documentation. If your records are incomplete, delayed, or inconsistent, your compensation could be significantly reduced—or delayed entirely.
One of the most frustrating things for injured clients in SC is waiting on medical records to be compiled. Here’s how you can speed up the medical reporting process and keep your case moving:
This kind of detailed documentation is also useful in mediation, which is often used in SC to resolve personal injury disputes without going to trial. And yes—mediation is legally binding when a settlement is reached.
Yes, it can. If you receive a personal injury settlement in South Carolina and you’re on Medicaid, it could potentially affect your ongoing eligibility for benefits. That’s because Medicaid is a needs-based program, and a lump-sum payment may push your income or assets above the allowable threshold.
To avoid losing benefits, many personal injury attorneys in SC will help clients create a Medicaid trust or structure the settlement in a way that preserves eligibility.
Related keyword: personal injury settlement and Medicaid eligibility
Yes—but with a twist. Medical malpractice is a type of personal injury case that involves negligence by a healthcare professional. So if a doctor in Mount Pleasant misdiagnoses a serious condition, or a nurse in Columbia administers the wrong medication, that would fall under medical negligence—which is also considered a personal injury case under South Carolina law.
A personal injury medical malpractice attorney will handle these differently than a car accident or slip and fall, often requiring expert testimony and deeper analysis of medical records.
In South Carolina, drivers can choose to carry:
Your personal injury attorney will determine how these coverages impact your settlement and whether you need to reimburse your insurance company once the case resolves.
Typically, no—if your personal injury settlement is for physical injuries, it is not taxable under federal law. However, portions related to emotional distress or punitive damages might be taxed.
It’s always wise to consult with both your attorney and a tax professional after a settlement in South Carolina.
We get this one a lot—and the answer is: it depends.
Some personal injury cases settle in a few months, while others (especially complex or disputed ones) can take over a year. Factors that impact timing include:
In general, most SC personal injury cases settle within 6 to 12 months, but your attorney will give you a better estimate based on your specific case.
Related keywords:
Creating a medical chronology—a detailed, organized timeline of your treatment—can make a big difference in how fast and how fairly your case is resolved. It helps insurance adjusters and juries understand your injury journey and strengthens your position in negotiation or trial.
If you’ve been injured in South Carolina and have questions about your medical records, Medicaid, or how to maximize your personal injury settlement, contact Mastantuno Law Firm today. We’ve helped hundreds of South Carolinians protect their rights and secure the compensation they deserve.
171 Church Street, Suite 160, Charleston, SC 29401
Phone 843.720.3741 | Fax 854.222.9615
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