South Carolina Personal Injury Laws
South Carolina uses a modified comparative fault system with a 51% bar and does not cap non-economic damages in personal injury cases. The state historically applied contributory negligence, but adopted comparative fault in 1991. South Carolina's growing population, particularly in the Charlotte and Charleston metro areas, has increased the volume of personal injury litigation.
Statute of Limitations
3 years
Fault Rule
Modified Comparative Fault (50% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (50% Bar)
You can recover damages only if you are less than 50% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in South Carolina
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in South Carolina.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $19,000 |
| Slip and Fall | $15,000 |
| Dog Bite | $29,000 |
Key South Carolina Personal Injury Statutes
- •S.C. Code Ann. § 15-3-530 (statute of limitations)
- •S.C. Code Ann. § 15-38-15 (modified comparative fault, 51% bar)
- •S.C. Code Ann. § 47-3-110 (dog bite strict liability)
Damage Caps in South Carolina
South Carolina does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
South Carolina does not have a specific medical malpractice damages cap.
Injury Claims in South Carolina
Learn more about specific injury types and how South Carolina law applies to each.
Major Cities in South Carolina
Personal injury attorneys in South Carolina serve clients in Columbia, Charleston, North Charleston, Mount Pleasant, Rock Hill, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.