Accidents & Injuries in South Carolina
Key South Carolina Law
South Carolina Code Section 15-3-530
South Carolina imposes a three-year statute of limitations for personal injury claims. An injured party must generally file their lawsuit within three years of the date of the accident or injury.
View official statuteProcedural Details in South Carolina
South Carolina Agencies & Resources
South Carolina Department of Insurance
Regulates insurance companies in South Carolina and handles consumer complaints about auto accident coverage.
South Carolina Department of Motor Vehicles
Manages South Carolina driver licensing, vehicle registration, and accident report records.
South Carolina Bar — Lawyer Referral Service
Provides referrals to South Carolina-licensed personal injury attorneys.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in South Carolina?
South Carolina Code Section 15-3-530 provides a three-year statute of limitations for personal injury claims. Government entity claims under the South Carolina Tort Claims Act must be filed within two years. Missing the government deadline may bar your claim. Consulting a South Carolina attorney promptly after any accident is advisable.
What is South Carolina's 51% modified comparative fault rule?
Under South Carolina Code Section 15-38-15, if you are 50% or less at fault, you can recover damages proportionally reduced. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party.
Is South Carolina a no-fault auto insurance state?
No. South Carolina is a traditional tort (fault-based) state. The at-fault driver's liability insurance is responsible for compensating injured parties. South Carolina does not require mandatory personal injury protection (PIP) coverage, though uninsured motorist coverage is required.
Are there damage caps in South Carolina accident cases?
South Carolina does not impose a general cap on compensatory damages in most personal injury accident cases. However, the South Carolina Tort Claims Act caps recovery against government entities. Claims against state agencies are subject to a $300,000 single-claimant cap under SC Code 15-78-120. Punitive damages are available but subject to review.
Related Accidents & Injuries Scenarios
Can I sue for a rear-end car crash?
Understanding your options after being rear-ended in a car accident.
Can I sue for a slip and fall in a store?
Understanding premises liability when injured in a slip and fall accident at a business.
Can I sue for injuries from a motorcycle accident?
Legal options for motorcyclists injured in accidents caused by other drivers or road conditions.
Can I sue for injuries from a bicycle-vehicle collision?
Legal options for cyclists injured in collisions with motor vehicles or due to dangerous road conditions.
Have a Specific Situation in South Carolina?
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