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★ South Carolina · fracture

Fracture settlements
in South Carolina.

By Reviewed by Abd Shanti, Founder9 min read

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 governmentNo 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 capWhen 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 sueThree years for “any injury to the person or rights of another, not arising on contract.”S.C. Code § 15-3-530(5)
★ SC · reported fracture outcomes

What South Carolina courts have awarded.

Real South Carolina decisions and verdicts, each linked to the court record or official report.

  • South Carolina Court of Appeals · 2020
    Directed verdict reversed

    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. She broke her wrist, her forearm and both elbows. The trial court directed a verdict for the city, but the Court of Appeals reversed and sent the case back for trial.

  • South Carolina Court of Appeals · 2025
    $1,000,000 verdict; cap did not apply

    In 2015 William Pratt, who had advanced cancer, went to a Rock Hill emergency room with rib and head pain. A teleradiologist read his chest CT as negative, but a local radiologist saw nine rib fractures, recorded them, and never told the ER. Pratt was discharged with pain medication and later died. The jury awarded $360,000 on the survival claim and $640,000 to his wife, found recklessness or gross negligence so the cap did not apply, and the court affirmed.

★ SC · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in South Carolina.

  1. 1

    Small defects cause serious fractures. LeFont’s pothole led to four broken bones.

  2. 2

    Claims against cities have no notice requirement in South Carolina but carry a $300,000 per person cap.

  3. 3

    Test results must reach the treating doctor. Pratt’s verdict rested on a reading that was recorded but never communicated.

★ 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 DakotaSlight versus gross 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 not quotes for any specific case. For representation, consult an attorney admitted in South Carolina. See /methodology, /sources, and /disclaimer.