Modified Comparative Negligence (51% Bar)
South Carolina follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
South Carolina follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in South Carolina
4,384
Personal injury lawsuits per year
South Carolina follows modified comparative negligence with a 51% bar rule. The Bloom v. Ravoira (2010) case addressed premises liability standards for property owners.
South Carolina's tourism industry produces significant premises liability litigation. Myrtle Beach and Charleston hotels face claims from tourist injuries.
The state has seen notable nursing home abuse cases, with facilities facing substantial liability for neglect of elderly residents.
South Carolina personal injury cases are filed in Court of Common Pleas, with 16 judicial circuits. Charleston, Greenville, and Richland counties handle substantial civil litigation.
South Carolina follows the South Carolina Rules of Civil Procedure. The state uses case management and pretrial conferences.
South Carolina courts have mediation requirements in many circuits. Settlement conferences are common before trial.
South Carolina attorneys are licensed by the South Carolina Bar. For personal injury cases, experience with South Carolina's 51% bar rule is essential.
The South Carolina Association for Justice is the state's primary plaintiff attorney organization. Tourism and hospitality industry experience is valuable.
Contingency fees typically range from 33-40%. South Carolina has no general damage caps on personal injury claims.
South Carolina's statute of limitations for personal injury is 3 years under S.C. Code Ann. § 15-3-530. This applies to most negligence claims.
Medical malpractice has a 3-year statute of limitations with a 6-year statute of repose. Claims against South Carolina government entities require compliance with the South Carolina Tort Claims Act.
This calculator provides estimates only and is not legal advice. Laws in South Carolina are complex and individual case results vary. Consult a licensed South Carolina attorney for advice specific to your case.