South Carolina applies modified-51 comparative fault with a medical-malpractice cap of $350,000 per defendant and $1,050,000 in total, adjusted each year for inflation.
South Carolina operates modified-51 comparative negligence. The medical-malpractice non-economic damages cap is $350,000 per claimant against a single provider and $1,050,000 against all of them, adjusted each year for inflation. The PI statute of limitations is three years.
S.C. Code Ann. § 15-3-530
Modified comparative, recovery barred at 51% claimant fault.
Caps and ceilings imposed by South Carolina law that bear on settlement values.
S.C. Code Ann. § 15-32-220
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under South Carolina law.
Reported South Carolina decisions for each injury type, each with a link to the judgment and to the full injury guide.
In January 2016, a rollback tow truck failed to stop and crashed into the back of Gerald Nelson’s sedan at a red light in Lexington County, pushing it into the car ahead in a chain reaction.
whiplash in South Carolina →Willie Jordan said a woman backing a gray van in a store parking lot struck him while he walked and talked on his phone in 2011, then drove off after yelling that phones would get him killed.
whiplash in South Carolina →Walter Smith was injured in a December 2012 crash in Saluda County.
whiplash in South Carolina →After two years of worsening lower back, hip and leg pain, Anita Chabek had surgery in August 2017 to remove a synovial cyst at L5-S1.
back & spine in South Carolina →Eric Jackson, a guest at a Myrtle Beach hotel, sat in a white resin chair by the indoor pool, and it collapsed and broke into several pieces.
back & spine in South Carolina →In November 2007 construction worker Hector Fragosa was hit in the head by part of a crane and knocked off the roof of a parking garage, then flown by helicopter to the Medical University of South Carolina.
head & brain in South Carolina →In May 2008 a piece of ceiling tile fell and struck maintenance worker Bobby Baker on the head; he lost consciousness and was diagnosed with a scalp laceration and head contusion, and later had back and neck pain and ringing in his ears.
head & brain in South Carolina →In March 2004 David Cole was catching in a father and son softball game on a Cub Scout camping trip when a baserunner, running too fast to stop, collided with him at home plate.
head & brain in South Carolina →In August 2014 Christine LeFont, a trade show vendor, parked in the employee lot behind the Myrtle Beach Convention Center, walked toward the building and tripped over a small pothole.
fracture in South Carolina →In 2015 William Pratt, who had advanced cancer, went to a Rock Hill emergency room with rib and head pain.
fracture in South Carolina →In April 2013, after an uncomplicated pregnancy, a baby’s head delivered with the cord around his neck and his shoulder then stuck under his mother’s pubic bone, an obstetric emergency called shoulder dystocia.
medical negligence in South Carolina →During an October 2009 delivery, Julia B.’s shoulder became stuck, and her mother alleged the obstetrician mismanaged the shoulder dystocia, causing a permanent brachial plexus nerve injury to her right arm.
medical negligence in South Carolina →Clifton Sparks, a saw operator, had three work injuries, the first two to his lower back.
workplace in South Carolina →Christopher Lampley, a Dillon County firefighter, was responding to a house fire with people trapped inside when his vehicle collided with a deputy sheriff’s vehicle.
workplace in South Carolina →Statutes and rulings that come up again and again in South Carolina injury claims, each with its source.
| Fault rule | A plaintiff “may recover damages if his or her negligence is not greater than that of the defendant,” with the award reduced by that share; with several defendants, the comparison is to their combined negligence.Nelson v. Concrete Supply Co. (S.C. 1991) |
|---|---|
| Seat belt use | Not wearing a seat belt is not negligence and is not admissible in a civil action.S.C. Code § 56-5-6540(C); see our seat belt table |
| Deadline to sue | Three years for “any injury to the person or rights of another, not arising on contract.”S.C. Code § 15-3-530(5) |
| Malpractice cap | Noneconomic damages are limited to $350,000 per claimant against a single provider or institution, and $1,050,000 against all of them, adjusted each year for inflation; economic damages are not capped.S.C. Code § 15-32-220 |
| Lifetime comp benefits | Total disability benefits normally stop at 500 weeks, but a worker who is paraplegic, quadriplegic or has suffered physical brain damage receives benefits for life.S.C. Code § 42-9-10(C) |
| Claims against government | No notice is required: sue within 2 years, or 3 if you file a verified claim within 1 year. Recovery is capped at $300,000 per person and $600,000 per occurrence.S.C. Code §§ 15-78-80, 15-78-110, 15-78-120; see our notice table |
| Gross negligence lifts the malpractice cap | When the jury finds a provider reckless or grossly negligent, the statutory limit on noneconomic damages does not apply.Pratt v. Amisub of SC (S.C. Ct. App. 2025) |
| Obstetric and emergency care | In certain emergency and obstetric situations, a provider is liable only for gross negligence.S.C. Code § 15-32-230, applied in Smalling v. Maselli (S.C. Ct. App. 2022) |
How South Carolina compares with its neighbours in the South on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| South Carolina | Modified comparative, 51% bar | 3 years from date of injury |
| Alabama (AL) | Pure contributory negligence | 2 years from date of injury |
| Arkansas (AR) | Modified comparative, 50% bar | 3 years for personal injury; 2 years for medical malpractice |
| Florida (FL) | Modified comparative, 51% bar | 2 years from date of injury (was 4; reduced by HB 837) |
| Georgia (GA) | Modified comparative, 50% bar | 2 years from date of injury |
| Kentucky (KY) | Pure comparative negligence | 1 year for personal injury (one of the shortest in the US) |
| Louisiana (LA) | Modified comparative, 51% bar | 1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024 |
| Mississippi (MS) | Pure comparative negligence | 3 years from date of injury |
| North Carolina (NC) | Pure contributory negligence | 3 years from date of injury |
| Tennessee (TN) | Modified comparative, 50% bar | 1 year from date of injury, among the shortest in the US |
| Texas (TX) | Modified comparative, 51% bar | 2 years from date of injury |
| Virginia (VA) | Pure contributory negligence | 2 years from date of injury |
| West Virginia (WV) | Modified comparative, 51% bar | 2 years from date of injury |
Common questions about personal injury claims in South Carolina, answered with the relevant statutory references.
This page summarises the South Carolina statutory framework as of 2026-10-26. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in South Carolina. See /methodology, /sources, and /disclaimer.
