Fracture settlements
in South Carolina.
A trade show vendor who tripped in a small pothole behind the Myrtle Beach Convention Center broke her wrist, her forearm and both elbows; the court reinstated her claim against the city. In another case a radiologist saw nine rib fractures on a CT scan but never told the emergency doctor, and a jury awarded $1 million.
Facts that decide a fracture claim in South Carolina
| 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) |
| 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) |