South Carolina at a glance
South Carolina allows three years for injury to the person.[1] Actions under the Tort Claims Act must generally be brought within two years.[2] A plaintiff can recover if their negligence is not greater than the defendant’s.[3] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[4]
Filing deadlines
S.C. Code § 15-3-530(5)
Within three years: … an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law
Source: [1]
In plain English, most injury lawsuits in South Carolina must be filed within three years.[1]
Tort Claims Act: S.C. Code § 15-78-110
Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered
Source: [2]
Shared fault
Nelson v. Concrete Supply Co. (S.C. 1991)
For all causes of action arising on or after July 1, 1991, a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant. The amount of the plaintiff’s recovery shall be reduced in proportion to the amount of his or her negligence.
Source: [3]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
S.C. Code § 38-77-140 requires “twenty-five thousand dollars because of bodily injury to one person in any one accident” and “fifty thousand dollars because of bodily injury to two or more persons,” with a separate property damage amount.[4] South Carolina is not one of the no-fault states.[5]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in South Carolina?
In plain English, most injury lawsuits in South Carolina must be filed within three years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- S.C. Code § 15-3-530. South Carolina Legislature. https://www.scstatehouse.gov/code/t15c003.php
- S.C. Code § 15-78-110. South Carolina Legislature. https://www.scstatehouse.gov/code/t15c078.php
- Nelson v. Concrete Supply Co., 303 S.C. 243 (1991), as quoted by the S.C. Court of Appeals. Justia. https://law.justia.com/cases/south-carolina/court-of-appeals/1997/2624-3.html
- S.C. Code § 38-77-140. South Carolina Legislature. https://www.scstatehouse.gov/code/t38c077.php
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
