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Personal Injury Law in South Carolina

South Carolina follows a modified comparative negligence system with a 51% bar rule. You can recover damages as long as you’re not more than 50% at fault. When you’re 50% or less responsible, your award is reduced by your fault percentage. Being 51% or more at fault bars any recovery.

The statute of limitations for personal injury cases in South Carolina is three years from the date of injury. Medical malpractice claims must be filed within three years of the injury or discovery. Wrongful death actions have a three-year limitation period from the date of death.

South Carolina doesn’t impose caps on damages in most personal injury cases, though medical malpractice non-economic damages are capped at $350,000 per defendant with a total cap of $1.05 million when multiple defendants are involved. The state maintains specific statutes governing premises liability and product liability. South Carolina’s combination of tourist destinations (Myrtle Beach, Charleston), military installations, manufacturing centers, and rural areas creates diverse injury scenarios. The state sees significant motor vehicle accidents, particularly involving tourists and commercial vehicles. South Carolina law provides for strict liability in dog bite cases and maintains specific dram shop liability provisions.

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