South Carolina Personal Injury Laws

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

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

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

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.

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

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.

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.