How long do I have to file a personal injury claim in South Carolina?

In South Carolina, the statute of limitations for most personal injury claims is 3 years. You must file your lawsuit within 3 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in South Carolina personal injury cases?

In South Carolina: No cap on compensatory damages. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in South Carolina?

Average personal injury settlements in South Carolina range from approximately $48,000–$195,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

South Carolina Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in South Carolina?

South Carolina uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault in causing the accident.

3 years Filing deadline

51% bar Fault system

$48,000 Avg settlement (low)

5 Common case types

Overview of Personal Injury Law in South Carolina

South Carolina uses a modified comparative fault system with a 51% threshold and a 3-year statute of limitations. The state has no cap on most compensatory damages and allows punitive damages in cases of willful or wanton conduct.

This guide covers the most important rules for personal injury claims in South Carolina, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed South Carolina attorney for your specific situation.

Key South Carolina Personal Injury Statutes

S.C. Code § 15-3-530 (SOL)

S.C. Code § 15-38-15 (comparative fault)

S.C. Code § 15-51-10 (wrongful death)

Most Common Personal Injury Cases in South Carolina

Car Accidents

Slip & Fall

Medical Malpractice

Workplace Injury

Product Liability

South Carolina Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages

Average Settlement $48,000–$195,000

Fault System Modified comparative fault (51% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within South Carolina.

Frequently Asked Questions — South Carolina Injury Law

How long do I have to file a claim in South Carolina?

In South Carolina, you generally have 3 years to file a personal injury lawsuit from the date of injury. Key statute: S.C. Code § 15-3-530.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a South Carolina attorney to confirm your deadline.

What is South Carolina's fault system?

South Carolina uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in South Carolina?

South Carolina damage rules: No cap on compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in South Carolina?

Personal injury settlements in South Carolina average approximately $48,000–$195,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

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Injured in South Carolina? Get Help Now.

Personal injury laws in South Carolina can be complex and deadlines are strict. A qualified South Carolina personal injury attorney can evaluate your case for free — with no upfront costs.

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⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed South Carolina attorney for legal advice.