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South Carolina · fracture

Fracture settlements
in South Carolina.

By 6 min read

South Carolina applies modified-51 comparative fault with an inflation-indexed medical-malpractice cap of roughly $540,000 against a single defendant. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for South Carolina's modified comparative — 51% bar and any applicable statutory cap.

South Carolina applies modified comparative negligence with a 51% bar. A fracture claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability fracture cases where the comparative-fault split is close to even.

South Carolina's caps (medical malpractice cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. South Carolina's fault rule and any applicable cap then adjust the figure.

SC · statute of limitations
3 years from date of injury

S.C. Code Ann. § 15-3-530

SC · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

SC · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in South Carolina.

fracture · same region & fault regime

Compare to like jurisdictions.

How South Carolina's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
South Carolina · you are hereModified comparative — 51% bar3 years from date of injury
TennesseeModified comparative — 50% bar1 year from date of injury — among the shortest in the USTN · fracture
TexasModified comparative — 51% bar2 years from date of injuryTX · fracture
VirginiaPure contributory negligence2 years from date of injuryVA · fracture
West VirginiaModified comparative — 51% bar2 years from date of injuryWV · fracture
AlabamaPure contributory negligence2 years from date of injuryAL · fracture
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture
VermontModified comparative — 51% bar3 years from date of injuryVT · fracture
WisconsinModified comparative — 51% bar3 years from date of injuryWI · fracture
WyomingModified comparative — 51% bar4 years from date of injuryWY · fracture
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · fracture
South DakotaPure comparative negligence3 years from date of injurySD · fracture
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture
SC · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for South Carolina's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in South Carolina. See /methodology, /sources, and /disclaimer.