Personal Injury Lawsuit in South Carolina
Filing a personal injury lawsuit in South Carolina is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
3 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$12,000 – $55,000
Avg Settlement
Lawsuit Steps in South Carolina
Hire an Attorney
Most personal injury attorneys in South Carolina work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate South Carolina court. You must file within 3 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under South Carolina court rules.
Key South Carolina Law Facts
South Carolina uses modified comparative negligence under S.C. Code Ann. § 15-38-15 with a 51% bar — plaintiffs who are 51% or more at fault for the accident cannot recover any damages; below that threshold, the award is reduced proportionally by the plaintiff's fault.
Personal injury lawsuits in South Carolina must be filed within 3 years from the date of injury under S.C. Code Ann. § 15-3-530; the discovery rule applies in appropriate cases, and claims against government entities require compliance with the South Carolina Tort Claims Act.
South Carolina does not require no-fault PIP insurance and operates as a traditional at-fault tort state, where the driver responsible for an accident bears financial liability for the injured party's medical expenses, lost wages, pain and suffering, and other damages.