South Carolina Personal Injury Attorneys

At DearLegal, we connect you with experienced South Carolina personal injury attorneys who understand the state’s 51% comparative fault bar, the South Carolina Tort Claims Act caps, and the unique procedural realities of South Carolina Circuit Court. Whether your injury happened in Charleston, Columbia, Greenville, Myrtle Beach, on I-26 or I-95, we’ll match you with the right attorney — at no cost to get started.

Three years from the date of injury under S.C. Code § 15-3-530. Wrongful death is three years under § 15-3-530. South Carolina Tort Claims Act claims have a 2-year SOL under § 15-78-110 with verified claim procedures.

Under S.C. Code § 15-38-15, your recovery is reduced by your percentage of fault, but if your fault is greater than the combined fault of all defendants you recover nothing. Modified joint-and-several at the 50% threshold.

Auto, truck, and motorcycle crashes (including substantial I-95 corridor volume); slip-and-falls; coastal hotel and resort injuries; dog bites (strict liability under S.C. Code § 47-3-110); defective products; medical malpractice; nursing home neglect; premises liability; negligent security; workplace third-party claims; recreational injuries (beach, Lake Murray, Greenville-area hiking); and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. South Carolina requires UM coverage and offers UIM with written rejection rules.

Most settle, but Richland, Charleston, and Horry county juries return real verdicts when liability is clear. Defense insurers know which firms try cases.

The South Carolina Tort Claims Act applies. You must file a verified claim under § 15-78-80 within the 2-year SOL under § 15-78-110, and damages are capped at $300K per claim / $600K per occurrence under § 15-78-120.

South Carolina personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Case expenses are normally advanced by the firm.

Why Do You Need a Personal Injury Attorney in South Carolina?

South Carolina applies modified comparative fault with a 51% bar under S.C. Code § 15-38-15 — recovery is barred if your fault is greater than the combined fault of all defendants. The standard PI SOL is three years under S.C. Code § 15-3-530. The South Carolina Tort Claims Act (S.C. Code § 15-78-10 et seq.) caps damages against the State and political subdivisions at $300,000 per claim / $600,000 per occurrence under § 15-78-120, with strict procedural rules. South Carolina’s coastal tourism economy and the I-95 trucking corridor generate distinctive case profiles.

When Do You Need a Personal Injury Attorney in South Carolina?

Our network includes South Carolina personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in South Carolina

From the moment you connect with a South Carolina personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Treating the 51% bar as if apportionment doesn’t matter

Missing the SCTCA 2-year SOL or verified-claim procedures

Missing the medical malpractice pre-suit notice under § 15-79-110

Underestimating the I-95 corridor trucking case complexity

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Treating the 51% bar as if apportionment doesn’t matter

Missing the SCTCA 2-year SOL or verified-claim procedures

Missing the medical malpractice pre-suit notice under § 15-79-110

Underestimating the I-95 corridor trucking case complexity

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Common South Carolina Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do South Carolina Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Personal injury attorneys in South Carolina work on a contingency fee basis — typically 33% to 40% of the total recovery. South Carolina’s SCTCA framework and modified comparative fault require careful case planning. Case expenses are typically advanced by the firm and deducted from the final recovery.

What Can Your South Carolina Personal Injury Compensation Include?

Economic Damages (No Cap in standard PI)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped in standard PI cases. State and political subdivision claims subject to SCTCA caps.

Non-Economic Damages (No Cap in standard PI)

Pain and suffering, emotional distress, loss of enjoyment — no statutory cap in standard PI cases.

Punitive Damages (Capped)

Available under S.C. Code § 15-32-510 et seq. for clear-and-convincing willful, wanton, or reckless conduct. Capped at the greater of 3x compensatory damages or $500,000 (higher caps for specific conduct categories).

Loss of Consortium

Recoverable by the uninjured spouse for loss of companionship, services, and society.

Wrongful Death

Recoverable under S.C. Code § 15-51-10. Damages include pecuniary loss, mental shock and suffering, wounded feelings, loss of companionship and society, and reasonable funeral expenses.

Survival Action

Recoverable under S.C. Code § 15-5-90, capturing pre-death pain and suffering, lost income, and medical costs.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

South Carolina Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in South Carolina?

When Do You Need a Personal Injury Attorney in South Carolina?

Types of Personal Injury Cases in South Carolina

Common South Carolina Personal Injury Mistakes

How Much Do South Carolina Personal Injury Attorneys Cost?

What Can Your South Carolina Personal Injury Compensation Include?

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