Personal Injury Statistics in South Carolina
Understanding personal injury statistics in South Carolina helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$12,000 – $55,000
Average Settlement Range
Varies widely by injury severity and case type
Modified comparative fault (51% bar)
Fault System
Directly affects how damages are calculated
3 years
Statute of Limitations
Time to file from date of injury
At-Fault (Tort)
Auto Insurance System
At-fault driver's insurer liable
South Carolina Injury Cases — By the Numbers
40,000 cases/yr
PI Cases Filed Annually
$42,000
Average Settlement
$25,500
Median Settlement
43%
Plaintiff Trial Win Rate
15 mo
Avg. Time to Settle
Motor Vehicle Accident
Top Injury Type
13 mo
Civil Court Backlog
36%
Avg. Contingency Fee
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.
South Carolina Personal 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.