Medical Liens in South Carolina
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In South Carolina, liens from hospitals, health insurers, Medicare, and Medicaid must be addressed before you receive your net settlement funds.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
$12,000 – $55,000
Avg Settlement
Types of Medical Liens in South Carolina
Hospital Liens
South Carolina hospitals that treated you for accident injuries may file a hospital lien against your settlement to recover unpaid bills. The lien attaches to your recovery before you are paid.
Health Insurance Subrogation
If your health insurer paid your medical bills, they have a subrogation right to be reimbursed from your settlement. Many states allow negotiation to reduce these amounts.
Medicare & Medicaid
Federal law requires Medicare and Medicaid liens to be paid in full — with limited exceptions. Your attorney must resolve these before settlement funds are distributed.
Workers' Compensation
If workers' comp covered your treatment for a work-related injury in South Carolina, they have a lien on any third-party recovery you obtain.
South Carolina Injury 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.