South Carolina

Find an Attorney in South Carolina

South Carolina pairs 51% modified comparative fault with a 3-year PI SOL and significant statutory caps on claims against public entities. Whether your case is in Charleston, Greenville, Columbia, or the Lowcountry, local court culture and the South Carolina Tort Claims Act both shape strategy.

Practice areas in South Carolina

Common questions about South Carolina attorneys

Three years from the date of injury under S.C. Code § 15-3-530 for most negligence claims. Claims against governmental entities require a 2-year SOL and verified Notice of Claim under the South Carolina Tort Claims Act (S.C. Code § 15-78-110). Medical malpractice has a 3-year SOL with a 6-year statute of repose under S.C. Code § 15-3-545.
The SCTCA (S.C. Code § 15-78-10 et seq.) caps recoveries against governmental entities at $300,000 per person and $600,000 per occurrence. It also waives sovereign immunity only for specific enumerated exceptions and bars certain types of claims entirely. Verified Notice of Claim is required, and procedural deadlines are strict. The Act applies to state agencies, counties, municipalities, and special-purpose districts.
South Carolina adopted modified comparative fault in Nelson v. Concrete Supply (1991). You can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages to each party, and your damages are reduced by your share. SC plaintiff’s counsel often spend as much time on fault apportionment as on damages because crossing the 50% line is case-ending.
South Carolina med-mal plaintiffs must file a Notice of Intent under S.C. Code § 15-79-125 at least 90 days before filing the lawsuit, including an expert affidavit attesting to the merit of the claim. The Notice triggers mandatory pre-suit mediation. The requirements are designed to screen non-meritorious cases at an early stage — and missing them is typically fatal to the case.
SC workers’ comp runs through the Workers’ Compensation Commission under S.C. Code § 42. You file a Form 50 claim, attend a hearing before a single Commissioner, and can appeal to the full Commission. Income benefits are 66 2/3% of average weekly wage up to a state maximum. The state has a Second Injury Fund (currently being phased out) covering pre-existing-disability components. Medical treatment is typically employer-directed.

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