Personal Injury Deposition in South Carolina
A deposition is sworn out-of-court testimony taken during the discovery phase of yourSouth Carolina personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$12,000 – $55,000
Avg Settlement
3 years
Filing Deadline
Deposition Tips for South Carolina Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
South Carolina Law Overview
South Carolina applies modified comparative fault with a 51% bar. The statute of limitations is 3 years for most personal injury claims. South Carolina does not require no-fault PIP insurance. South Carolina's tourism industry along the Grand Strand and Hilton Head creates significant hotel and resort premises liability litigation. Auto accident cases in the Myrtle Beach corridor are numerous. South Carolina has no general cap on compensatory damages for most personal injury cases. The South Carolina Tort Claims Act limits claims against governmental entities to $600,000 per claimant and $1.2 million per occurrence, with specific pre-suit notice requirements. Medical malpractice cases in South Carolina require a notice of intent to file suit, a 90-day pre-litigation waiting period, and an expert affidavit under S.C. Code Ann. § 15-79-110. Workers' compensation is the exclusive workplace injury remedy. South Carolina caps punitive damages at the greater of 3 times compensatory damages or $500,000 under S.C. Code Ann. § 15-32-530.