South Carolina Personal Injury Law Guide

Overview of South Carolina Personal Injury Law

South Carolina applies modified comparative fault with a 51% bar. The statute of limitations is 3 years for most personal injury claims. South Carolina does not require no-fault PIP insurance. South Carolina's tourism industry along the Grand Strand and Hilton Head creates significant hotel and resort premises liability litigation. Auto accident cases in the Myrtle Beach corridor are numerous. South Carolina has no general cap on compensatory damages for most personal injury cases. The South Carolina Tort Claims Act limits claims against governmental entities to $600,000 per claimant and $1.2 million per occurrence, with specific pre-suit notice requirements. Medical malpractice cases in South Carolina require a notice of intent to file suit, a 90-day pre-litigation waiting period, and an expert affidavit under S.C. Code Ann. § 15-79-110. Workers' compensation is the exclusive workplace injury remedy. South Carolina caps punitive damages at the greater of 3 times compensatory damages or $500,000 under S.C. Code Ann. § 15-32-530.

Statute of Limitations in South Carolina

In South Carolina, you generally have 3 years from the date of your injury to file a personal injury lawsuit. Missing this deadline almost always results in your case being permanently dismissed, regardless of how strong your claim is.

Learn more: What is a Statute of Limitations?

South Carolina Auto Insurance & Fault System

South Carolina operates under a fault-based system. Injured drivers sue the at-fault party directly. Your ability to recover depends on the comparative or contributory negligence rules that apply in this state.

Key Facts — South Carolina Injury Law

• 1

  South Carolina uses modified comparative negligence under S.C. Code Ann. § 15-38-15 with a 51% bar — plaintiffs who are 51% or more at fault for the accident cannot recover any damages; below that threshold, the award is reduced proportionally by the plaintiff's fault.

• 2

  Personal injury lawsuits in South Carolina must be filed within 3 years from the date of injury under S.C. Code Ann. § 15-3-530; the discovery rule applies in appropriate cases, and claims against government entities require compliance with the South Carolina Tort Claims Act.

• 3

  South Carolina does not require no-fault PIP insurance and operates as a traditional at-fault tort state, where the driver responsible for an accident bears financial liability for the injured party's medical expenses, lost wages, pain and suffering, and other damages.

Average Personal Injury Settlements in South Carolina

Typical personal injury settlements in South Carolina range from $12,000 – $55,000. The final amount depends heavily on injury severity, total medical costs, lost wages, and the clarity of liability. Cases that proceed to trial often yield higher verdicts but take significantly longer to resolve.