South Carolina Personal Injury Laws

South Carolina follows a modified comparative fault system with a 51% bar — adopted judicially in 1991. The general statute of limitations for personal injury is 3 years. South Carolina has no caps on compensatory damages but caps punitive damages at the greater of 3 times compensatory or $500,000. The state is fault-based for auto insurance with 25/50/25 minimums. South Carolina has NO statute of limitations for any criminal offense.

Last verified: 2026-02-25

Statute of Limitations

3 yearsS.C. Code Ann. § 15-3-530(5)

Personal injury actions must be filed within 3 years of the date of injury.

Exceptions

Discovery Rule — 3 years from discoveryS.C. Code Ann. § 15-3-535

When an injury could not reasonably have been discovered, the 3-year period begins from the date of discovery.

Wrongful Death — 3 years from date of deathS.C. Code Ann. § 15-3-530(6)

Wrongful death actions must be filed within 3 years of the date of death.

Minors — Tolled until age 18S.C. Code Ann. § 15-3-40

The statute is tolled for minors until they reach age 18.

Government Claims (SC Tort Claims Act) — 2 years (extendable to 3 with verified claim within 1 year)S.C. Code Ann. § 15-78-110

Claims against the government must be filed within 2 years. Government liability is capped at $300,000 per claimant / $600,000 per occurrence. No punitive damages against government entities. Government physician malpractice: $1,200,000 cap.

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)

South Carolina follows a modified comparative fault system adopted judicially in 1991. A plaintiff can recover if 50% or less at fault (reduced by their percentage). At 51% or more at fault, the plaintiff is completely barred.

Damage Caps

Compensatory Damages: No cap

South Carolina does not cap compensatory damages in general personal injury cases.

Punitive Damages: Greater of 3x compensatory or $500,000S.C. Code Ann. § 15-32-530(A)

Standard cap: greater of 3x compensatory or $500,000. Enhanced (unreasonable financial gain or felony conduct): greater of 4x compensatory or $2,000,000. Intent to harm: no cap. Clear and convincing evidence required.

Auto Insurance System

Fault (Tort)S.C. Code Ann. § 38-77-140

South Carolina is a fault-based state. Minimum liability limits are 25/50/25. Uninsured motorist (UM) coverage is required at the same 25/50/25 minimums with a $200 deductible. Underinsured motorist (UIM) coverage is optional but must be offered.

Key South Carolina Statutes

Joint and Several Liability (Reformed)S.C. Code Ann. § 15-38-15

Reformed in 2005. A defendant under 50% fault pays only their proportionate share. Joint and several liability applies only to defendants at 50% or more fault. Exceptions: willful/wanton/gross negligence and alcohol/drug-related injuries.

Official Sources

South Carolina Code of Laws South Carolina Judicial Branch

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.

Find a Personal Injury Attorney in South Carolina

Other South Carolina Laws

Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Estate Planning Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws