If a drunk driver injured you or someone you love, you are facing something no one should have to go through. The pain, the medical appointments, the time away from work, and the simple unfairness of it all can feel overwhelming. As a Charleston drunk driving accident lawyer focused on people who were hurt by impaired drivers, our firm is here to take the legal weight off your shoulders so you can focus on healing. This page explains your rights as an injured victim in South Carolina and how we can help you seek fair compensation.
At Grooms Law Firm, we represent injured people and grieving families across the Lowcountry. We do not defend drunk drivers. Our work is for the victims, and we approach every case with compassion, patience, and a clear strategy.
Your civil claim is separate from the criminal DUI case
One of the first things we explain to clients is that there are usually two completely different cases after a drunk driving crash. They run on separate tracks, and they have separate goals.
The first is the criminal case. That is the State of South Carolina prosecuting the driver for breaking the law. You are a witness in that case, not a party to it. The criminal case decides whether the driver is guilty and what punishment they face.
The second is your civil injury claim. This is the case you bring as the injured person to recover money for what the crash cost you. You can pursue a civil claim no matter what happens in the criminal case. Even if the driver is never convicted, or the charges are reduced, you may still have a strong claim for compensation. The civil case uses a lower standard of proof, so it does not depend on the outcome in criminal court.
It also helps to know that criminal restitution is not the same as full civil damages. A judge in the criminal case may order the driver to pay some restitution, but that amount is usually limited and rarely covers everything you have lost. A civil claim is how injured victims seek the full and fair value of their harm.
How a DUI accident lawyer helps you seek compensation
A drunk driving crash is a type of motor vehicle accident claim, but these cases carry their own challenges and their own opportunities. As your DUI accident lawyer, we build the case from the ground up while you recover.
That means gathering the police report, breath and blood test results, body-camera footage, witness statements, and any video from nearby businesses or traffic cameras. It means working with accident reconstruction experts when needed and documenting the full picture of your injuries with your medical providers. The goal is to show clearly what happened on roads like I-26, I-526, or US-17, and to connect the driver’s choices directly to your harm.
The damages you may be able to recover
Every case is different, but drunk driving victim compensation in South Carolina often includes several categories of damages:
- Medical bills for emergency care, surgery, hospitalization, and rehabilitation.
- Future medical care when injuries require ongoing treatment.
- Lost wages and reduced earning capacity if you cannot work or cannot return to the same job.
- Pain and suffering for the physical pain and emotional toll the crash caused.
If a drunk driver caused the death of a family member, the law allows certain relatives to bring a wrongful death claim. We handle these cases with the care and sensitivity they deserve, and we are always mindful that no amount of money can replace the person you lost. Our role is to ease the financial burden and pursue accountability.
Punitive damages in drunk driving cases
Because driving while impaired is a reckless choice that puts everyone at risk, South Carolina law may allow punitive damages in drunk driving cases. Unlike compensation for your bills and suffering, punitive damages are meant to punish especially dangerous conduct and discourage others from doing the same. Whether punitive damages apply depends on the specific facts of your case, so we cannot promise them. But the reckless nature of drunk driving often opens the door to this kind of claim.
Who can be held responsible beyond the driver
The impaired driver is usually the main person responsible, but they are not always the only one. In some cases, a business that served the alcohol may share civil liability.
South Carolina dram shop and liquor-liability law
Under South Carolina’s alcohol-liability laws, found generally in Title 61 of the state code, a bar, restaurant, or store that overserves a visibly intoxicated person, or that serves alcohol to a minor, may share responsibility for the harm that follows. This is sometimes called a dram shop claim. Whether a business can be held liable always depends on the facts, such as how intoxicated the person appeared and what the staff knew or should have known. We investigate these angles carefully, because an additional responsible party can matter a great deal when the driver does not have enough insurance to cover your losses.
When the drunk driver does not have enough insurance
Drunk drivers are often underinsured, which means their insurance may not be enough to cover serious injuries. This is one reason your own uninsured or underinsured motorist coverage can be so important. This coverage, which you pay for on your own auto policy, can step in to help when the at-fault driver cannot pay the full amount of your damages. Many people do not realize they have this protection or how to use it. We review every available policy to find all the coverage that may apply to your claim.
South Carolina deadlines and fault rules you should know
Two legal rules come up in nearly every case, and understanding them early can protect your rights.
The statute of limitations
South Carolina generally gives you three years from the date of the crash to file a personal injury lawsuit, under South Carolina Code Section 15-3-530. That may sound like plenty of time, but evidence fades and witnesses move away. Claims against a government entity, such as a crash involving a government vehicle, often have shorter deadlines and special notice requirements. The safest step is to speak with a Charleston drunk driving accident attorney soon after the crash so no deadline catches you by surprise.
Comparative negligence in South Carolina
South Carolina follows a modified comparative negligence rule. In plain terms, you can still recover compensation as long as you are 50 percent or less at fault for the crash. If you share some fault, your recovery is reduced by your percentage. You can read more about how South Carolina’s comparative negligence rule works and why insurance companies sometimes try to shift blame onto victims. We push back firmly when they do.
The human side, and how we walk with you
We never lose sight of the fact that behind every file is a real person and a real family. A drunk driving crash can change life in an instant, from a quiet evening in Mount Pleasant to a long road through surgeries and recovery. Families in North Charleston, Summerville, Goose Creek, and throughout the Lowcountry have trusted us during some of their hardest days.
You can learn more about the dangers of impaired driving from the National Highway Traffic Safety Administration, which tracks how often these preventable crashes harm innocent people. Our job is to stand between you and the insurance companies, handle the legal process, and give you space to heal.
Frequently asked questions
Can I sue a drunk driver if they were not convicted of DUI?
Yes. Your civil injury claim is separate from the criminal case and uses a different, lower standard of proof. You may have a strong claim for compensation even if the driver is acquitted, the charges are reduced, or no criminal charges are filed at all.
How long do I have to file a claim in South Carolina?
In most personal injury cases, South Carolina gives you three years from the date of the crash. Claims involving a government entity often have shorter deadlines and special notice rules, so it is wise to speak with an attorney early.
What if the drunk driver did not have enough insurance?
This is common, because drunk drivers are frequently underinsured. Your own uninsured or underinsured motorist coverage may step in to help, and a business that overserved the driver may also share liability. We look at every source of recovery available to you.
Can a bar or restaurant be held responsible?
Possibly. Under South Carolina’s liquor-liability laws, a business that overserves a visibly intoxicated person or serves a minor may share civil liability, depending on the facts. We investigate where the driver had been drinking before the crash.
What does it cost to hire a Charleston drunk driving accident lawyer?
We handle these cases on a contingency-fee basis, which means there is no fee unless we recover for you. Your first consultation is free, so you can understand your options without any financial risk.
Will my case have to go to trial?
Many injury claims resolve through a fair settlement, but not all of them. We prepare every case as if it could go to trial, because that preparation often leads to a stronger result. If a fair settlement is not possible, we are ready to advocate for you in court.
Speak with a Charleston injury attorney today
If a drunk driver hurt you or took someone you love, you do not have to face the aftermath alone. Our firm will listen, explain your rights in plain language, and handle the legal process with care while you focus on what matters most. Contact Grooms Law Firm for a free consultation, and let a Charleston injury attorney help you take the next step toward recovery and accountability.
