Personal Injury Settlement in South Carolina
Understand how personal injury settlements are calculated and negotiated in South Carolina. Learn about average payout ranges, how modified comparative fault (51% bar) affects your claim, and the key deadlines you must meet.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$12,000 – $55,000
Average Settlement
Modified comparative fault (51% bar)
Fault Rule
3 years
Filing Deadline
At-Fault
Auto Insurance
How Modified comparative fault (51% bar) Affects Your Settlement
South Carolina follows Modified comparative fault (51% bar). Under this modified comparative fault rule, you can recover damages if you are less than 50% (or 51% in some states) at fault. If your fault exceeds the threshold, you recover nothing. Your award is reduced by your percentage of fault below that threshold.
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.
Settlement Process in South Carolina
Report & Document
Report your accident and gather all evidence. South Carolina is an at-fault state — the at-fault party's insurer is responsible for your damages.
Seek Medical Treatment
Get all necessary medical care and keep detailed records. Your medical expenses are the foundation of your settlement value.
Demand Letter
Once your treatment is complete (or near maximum medical improvement), your attorney sends a demand letter to the insurance company with your full damages claim.
Negotiate
Insurance companies typically respond with a lower counter-offer. Negotiations proceed until both parties agree or you proceed to litigation.
File by Deadline
You have 3 years from the date of injury to file a lawsuit in South Carolina. Never let this deadline pass without legal action.
Personal Injury Law in South Carolina
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.