South Carolina Personal Injury Law

South Carolina is an at-fault state with a three-year statute of limitations, modified comparative fault with a 51% bar, and no general caps on compensatory damages in most personal injury cases. However, medical malpractice non-economic damages are subject to an inflation-adjusted cap (approximately $564,168 per defendant for 2024), and claims against the government are capped at $300,000 per person. Punitive damages are capped in all cases. Auto insurance minimums are 25/50/25, and UM/UIM coverage is mandatory.

Statute of Limitations

General Personal Injury THREE Years

South Carolina provides a three-year statute of limitations for most personal injury claims under S.C. Code § 15-3-530(5). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Three years from the date of death under S.C. Code § 15-3-530(6).

Medical malpractice: Three years from the date of the act or omission, or three years from the date of discovery. A six-year statute of repose applies no medical malpractice claim can be filed more than six years after the act, regardless of when the injury is discovered (S.C. Code § 15-3-545).

Defamation / false imprisonment: Two years under S.C. Code § 15-3-550(1).

Property damage: Three years.

Government Claims TWO Years

Claims against the state or a political subdivision under the South Carolina Tort Claims Act (S.C. Code § 15-78-10 et seq.) must be filed within two years of the injury. Damages are capped (see below). Government entities have broad immunities with specific exceptions.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies when the injury or its cause is not immediately apparent. The statute is tolled when the defendant leaves the state for periods of one year or longer.

Modified Comparative Fault (51% Bar)

South Carolina follows a modified comparative fault rule under S.C. Code § 15-38-15. A plaintiff who is more than 50% at fault (i.e., 51% or more) is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

South Carolina applies joint and several liability with modifications defendants found more than 50% at fault are jointly and severally liable, while defendants 50% or less at fault are only severally liable (proportionate share).

Damage Caps

No General Caps on Compensatory Damages

South Carolina imposes no caps on economic or non-economic damages in most personal injury cases, including auto accidents, premises liability, and product liability.

Medical Malpractice Non-Economic Cap (Inflation-Adjusted)

Under S.C. Code § 15-32-220, non-economic damages in medical malpractice cases are capped per defendant, adjusted annually for inflation:

Single provider/institution: approximately $564,168 (2024)
Aggregate cap (multiple defendants): approximately $1,692,503 (2024)

Punitive Damages Capped

Under S.C. Code § 15-32-530(A), punitive damages are capped at the greater of:

Three times compensatory damages, or
$500,000

Punitive damages require proof by clear and convincing evidence of willful, wanton, or reckless conduct.

Government Liability Caps

Under the South Carolina Tort Claims Act (S.C. Code § 15-78-120):

$300,000 per person / $600,000 per occurrence (general)
$1,200,000 per person and per occurrence for medical malpractice by government-employed licensed physicians or dentists
No punitive damages against the government

Auto Insurance Requirements

South Carolina is an at-fault (tort) state.

Liability Minimums 25/50/25

$25,000 per person for bodily injury
$50,000 per accident for bodily injury
$25,000 per accident for property damage

No PIP Required

South Carolina does not require Personal Injury Protection (PIP) coverage.

Mandatory UM/UIM Coverage

Uninsured/Underinsured Motorist (UM/UIM) coverage is mandatory in South Carolina at the same limits as liability coverage. Drivers may reject UM/UIM in writing, but it must be offered. South Carolina allows stacking of UIM coverage across multiple vehicles in certain circumstances.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in South Carolina are filed in the Court of Common Pleas, the state's trial court of general jurisdiction. South Carolina has 46 counties organized into 16 judicial circuits. Magistrate's Court handles civil cases up to $7,500.

Charleston County, Richland County (Columbia), Greenville County, Horry County (Myrtle Beach), and Spartanburg County handle the highest volumes of personal injury litigation.

Common Types of Personal Injury Cases in South Carolina

South Carolina's tourism industry, coastal geography, extensive highway system, military installations, manufacturing sector, and subtropical climate generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-95, I-26, I-85, I-77, and US 17), commercial truck accidents (I-95 is a major East Coast freight corridor), motorcycle accidents, pedestrian and bicycle accidents, premises liability (including slip-and-fall, resort and hotel injuries, and retail injuries), medical malpractice, product liability, wrongful death, construction accidents, workplace injuries, nursing home abuse, dog bites (S.C. Code § 47-3-110(A) imposes strict liability on owners when the victim is lawfully on property or in a public place), beach and water recreation injuries, boating and maritime injuries, amusement and tourism injuries (Myrtle Beach area), golf cart accidents (common in resort areas and retirement communities), military base injuries (Fort Jackson, Paris Island, Shaw AFB), hurricane and storm damage claims, and agricultural injuries.

This page provides general legal information about South Carolina personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in South Carolina to discuss the specific facts of your case.