Detailed Answer
In South Carolina, you can recover travel costs to and from medical appointments as part of your compensatory damages in a personal injury case. These are considered special damages and must be clearly itemized in your settlement demand, complaint, and trial evidence. Below are the key steps.
- Track All Travel Carefully
Keep a contemporaneous log of each trip. Record the date, purpose (e.g., “PT appointment”), origin, destination, and miles traveled. For public transportation, save tickets or receipts. For parking and tolls, collect receipts or photograph meters. - Calculate Your Total Cost
Decide whether to use the federal mileage rate or your actual expenses. For 2024, the IRS standard rate is 0.655¢ per mile (IRS Rev. Proc. 2024-21). Add tolls, parking fees, rideshare fares or public transit costs. - Submit to Your Insurer (If Auto-Related)
If an auto accident caused your injury, file a Personal Injury Protection (PIP) claim first. South Carolina PIP covers transportation up to $20 per day under SC Code §38-77-140. Provide your mileage log and receipts to the insurer. - Include in Your Settlement Demand
When you send a demand letter to the at-fault party or their insurer, attach an itemized schedule of travel expenses. Include your mileage log, receipts, and a short explanation of each trip’s medical purpose. - Plead Special Damages in Your Complaint
Under South Carolina Rule of Civil Procedure 9(g), you must specifically state each item of special damage and the amount claimed. For example: “Travel expenses to and from medical providers: $350.00.” (SCRCP Rule 9(g).) - Produce Evidence During Discovery
Respond to interrogatories or document requests by providing your travel log, receipts, PIP claim documents, and any correspondence about mileage reimbursements. Keep originals and provide legible copies. - Present Your Claim at Trial
At trial, testify about your travel. Introduce your mileage log or transit receipts as exhibits. Tie each trip to a specific treatment appointment to satisfy the court’s requirement for causation and reasonableness.
Disclaimer: This article is for informational purposes only and does not provide legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Use a digital app or dedicated notebook for mileage tracking.
- Snap photos of parking and toll receipts immediately after payment.
- Ask your medical provider to stamp or initial appointment summaries.
- Retain copies of your PIP claim forms and insurer correspondence.
- Review your demand letter with an attorney before sending.