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South Carolina Injury Claim Rules

Rules cited to South Carolina’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)
Filing deadline3 yearsFrom the date of the injury.S.C. Code § 15-3-530
Minimum insurance25/50/25Per person, per crash, property. South Carolina is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

South Carolina personal injury settlementAny injury someone else caused, valued under your state’s fault rule.South Carolina car accident settlementInjury value plus your vehicle claim, with policy limits and no-fault rules.South Carolina truck accident settlementCommercial policies carry far higher limits. See what that changes.South Carolina motorcycle accident settlementSevere-injury ranges, fault disputes and the rider’s own coverage.South Carolina pedestrian accident settlementHit on foot, including crosswalk fault and your own auto coverage.South Carolina bicycle accident settlementCyclist claims under your state’s fault rule.South Carolina rideshare accident settlementUber and Lyft layered coverage, by the driver’s app status.South Carolina slip and fall settlementPremises claims, where proving the owner knew is half the case.South Carolina dog bite settlementStrict-liability and one-bite states, and the homeowner’s policy that pays.South Carolina wrongful death settlementLost support, household services and companionship, valued today.South Carolina pain and sufferingCompare the multiplier and per-diem methods side by side.South Carolina settlement offer checkerPlace an insurer’s offer inside your state’s range.South Carolina demand letterA ready-to-edit demand letter for the insurance adjuster.South Carolina filing deadlineYour last day to file an injury lawsuit, by state and claim type.South Carolina comparative faultHow your share of fault changes the award under your state’s rule.South Carolina policy limits and um/uim gapWhen the other driver’s policy runs out, and what your own covers.

This page collects the rules that decide what an injury claim is worth in South Carolina: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

South Carolina is an at-fault state, so claims are paid by the at-fault party’s insurer, and its 51% bar rule sets how much your own share of fault costs you.

South Carolina injury claim rules

Fault. South Carolina uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have three years from the injury to file a personal injury lawsuit. Families have three years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. South Carolina is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $25,000 for property damage, written 25/50/25. Uninsured motorist coverage is also required.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners are strictly liable for bites and attacks on people lawfully present who did not provoke the dog.

South Carolina injury claim questions

Can I still get a settlement in South Carolina if I was partly at fault?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

How long do I have to file a personal injury lawsuit in South Carolina?

three years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does South Carolina cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.