Personal Injury Lawyers in South Carolina

Your rights in South Carolina

Deadlines are the statute of limitations. Missing one usually bars the claim, so confirm the deadline that applies with a local attorney.

In South Carolina, you generally have three years from the date of injury to file a personal injury lawsuit. Medical malpractice claims must be filed within three years of the act or discovery, with a six-year repose period. Wrongful death claims have a three-year deadline from the date of death. Government claims require notice within one year and suit generally within two years. Minors may have tolling rules that apply during minority. South Carolina follows modified comparative negligence with a 51% bar: you can recover damages if you are 50% or less at fault. For example, if you are 30% at fault on a $100,000 claim, you recover $70,000. If you are 51% or more at fault, you recover nothing. There are no caps on standard injury or wrongful death damages, but medical malpractice non-economic damages are capped per claimant. South Carolina is an at-fault auto insurance state.

What a claim is worth in South Carolina

National ranges for context, not a South Carolina average. Your case depends on your injuries, evidence, and insurance.

In South Carolina, your share of fault directly changes what a claim is worth. Under modified comparative negligence with a 51% bar, you recover only if you are 50% or less at fault, and your percentage reduces your payout. Damage caps also matter: there are no caps on standard injury or wrongful death damages, but medical malpractice non-economic damages are capped per claimant. Beyond fault and caps, the general multiplier method applies: economic damages plus pain and suffering, often economic damages times 1.5 to 5. Waiting until you reach maximum medical improvement helps document the full extent of your injuries.

How a claim works in South Carolina

After an injury in South Carolina, start by getting medical care and documenting the incident with photos, witness information, and a police or incident report. Keep records of treatment, lost wages, and other expenses. An attorney then sends a demand letter to the insurance company outlining your claim and damages. Negotiation follows, and many claims settle without a lawsuit. If no fair offer comes, the attorney files a lawsuit. South Carolina's filing deadline is three years from the date of injury, so acting early preserves your options.

Do you have a case?

To have a case in South Carolina, you need to show four negligence elements: duty, breach, causation, and damages. Duty means the other party owed you a reasonable standard of care. Breach means they failed that duty. Causation links their breach to your injury. Damages are your measurable losses. South Carolina's modified comparative negligence rule with a 51% bar means your recovery is reduced by your share of fault, and you recover nothing if you are 51% or more at fault. Proving the other party's fault and minimizing your own is central to a South Carolina claim.

• DutySomeone owed you a reasonable standard of care.
• BreachThey failed that duty through action or neglect.
• CausationThat breach is what caused your injury.
• DamagesYou suffered real harm, from bills to lasting effects.