Punitive Damages in South Carolina
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in South Carolina.
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 Comp. Damages
When Are Punitive Damages Available in South Carolina?
In South Carolina, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
South Carolina operates under Modified comparative fault (51% bar). Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a South Carolina attorney for the current statutory limits applicable to your case.
Key Facts About South Carolina Injury Law
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.