If you have been injured in an accident in South Carolina, understanding the state's personal injury laws is essential to protecting your rights and maximizing your recovery. South Carolina's legal framework differs significantly from its neighbors North Carolina and Georgia, and these differences can have a major impact on your case.
Comparative Fault in South Carolina
Unlike North Carolina, which follows the harsh contributory negligence rule, South Carolina uses a modified comparative fault system. Under South Carolina law (S.C. Code section 15-38-15), your compensation is reduced by your percentage of fault, and you are barred from recovery only if you are found to be more than 50 percent at fault. This is a much more equitable standard than North Carolina's all-or-nothing contributory negligence rule.
For example, if you are found to be 20 percent at fault for an accident and your total damages are $100,000, your recovery would be reduced by 20 percent, giving you $80,000. However, if you are found to be 51 percent or more at fault, you would recover nothing.
Statute of Limitations
South Carolina has a three-year statute of limitations for most personal injury claims (S.C. Code section 15-3-530). This means you must file your lawsuit within three years of the date of the injury. For wrongful death claims, the deadline is three years from the date of death. There are limited exceptions for minors and individuals with certain disabilities, but in general, if you miss the deadline, your claim is permanently barred.
Damage Caps
South Carolina does not impose a cap on compensatory damages in most personal injury cases. However, the state does cap punitive damages at the greater of three times the amount of compensatory damages or $500,000 (S.C. Code section 15-32-530). This cap does not apply in cases involving drunk driving.
Auto Insurance Requirements
South Carolina requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. While the state also requires uninsured motorist coverage, many drivers are underinsured, making it important to carry adequate UM/UIM coverage on your own policy.
Joint and Several Liability
South Carolina has modified its joint and several liability rules. Under S.C. Code section 15-38-15, if a defendant is found to be less than 50 percent at fault, they are only liable for their proportional share of the damages. If a defendant is 50 percent or more at fault, they can be held jointly and severally liable for the full amount of economic damages but only their proportional share of non-economic damages.
Pre-Suit Mediation in Medical Malpractice Cases
South Carolina requires that medical malpractice claims go through a pre-suit mediation process before a lawsuit can be filed. This process is designed to encourage early resolution of claims but can add time and complexity to the process.
Contact Dr. Ted Injury Law
If you have been injured in South Carolina, our attorneys can guide you through the state's legal requirements and fight for the maximum compensation available under the law. Contact us at (800) 555-HURT for a free consultation.