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Three years to File
S.C. Code § 15-3-530
Modified comparative negligence (51% bar)
South Carolina's fault rule
Contingency Representation
Injury cases on contingency
Car Accident Claims in South Carolina
Car accidents on busy interstates, highways, and local roads throughout Alabama, Georgia, and South Carolina can result in serious injuries and mounting medical bills. If you were injured in a crash caused by another driver, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property damage. Insurers often open with an offer well below what a claim is worth. Our car accident attorneys know the personal injury law of all three states and pursue the compensation the law allows.
Our attorneys are licensed in South Carolina and handle car accident claims for clients across the state, in Columbia, Charleston, Greenville, Spartanburg, and Rock Hill, and everywhere in between, including crashes along I-26, I-77, I-85, I-20, and I-95. There is no attorney fee unless we secure a recovery, and the rules below are the ones that will shape your South Carolina claim from the first phone call.
The South Carolina Filing Deadline
Most South Carolina personal injury lawsuits must be filed within three years of the date of injury under S.C. Code § 15-3-530, a year longer than Alabama and Georgia. Do not let the longer period create false comfort: evidence, witnesses, and camera footage disappear on the same schedule everywhere.
Fault in South Carolina: Modified comparative negligence (51% bar)
South Carolina applies modified comparative negligence: as long as your share of fault does not exceed 50%, you may recover, with damages reduced by your percentage of fault; if you are more at fault than the defendant, recovery is barred. The rule comes from the South Carolina Supreme Court's adoption of comparative fault in Nelson v. Concrete Supply Co. For causes of action accruing on or after January 1, 2026, the amended apportionment statute (S.C. Code § 15-38-15, under Act No. 42 of 2025) spreads fault across the plaintiff, the defendants, and nonparties, and a defendant found less than 50% at fault answers only for its own share rather than jointly for the whole; the greater-than-50% bar on the plaintiff is unchanged. Either way, disciplined fault development is the core of every contested claim.
Wrongful Death Claims in South Carolina
South Carolina wrongful death claims (S.C. Code § 15-51-10) are brought by the executor or administrator for the surviving spouse, children, or heirs, generally within three years, and compensate the family's losses, economic support, companionship, and mental anguish. A companion survival action can recover the decedent's own pre-death damages.
Claims Against South Carolina Government Entities
Claims against South Carolina governments run through the South Carolina Tort Claims Act: generally two years to sue, extended to three years if a verified claim was filed within one year (S.C. Code §§ 15-78-80, 15-78-110), with caps on recoverable damages. The Act's procedures are technical enough that government-defendant claims should be in a lawyer's hands early.
South Carolina Car Accident Claims FAQ
How long do I have to file a car accident claim in South Carolina?
Most South Carolina personal injury lawsuits must be filed within three years of the date of injury under S.C. Code § 15-3-530, a year longer than Alabama and Georgia. Do not let the longer period create false comfort: evidence, witnesses, and camera footage disappear on the same schedule everywhere. Claims against South Carolina government entities follow their own strict rules, described below, so it is worth getting advice early.
What happens if I was partly at fault for my car accident in South Carolina?
South Carolina applies modified comparative negligence: as long as your share of fault does not exceed 50%, you may recover, with damages reduced by your percentage of fault; if you are more at fault than the defendant, recovery is barred. The rule comes from the South Carolina Supreme Court's adoption of comparative fault in Nelson v. Concrete Supply Co. For causes of action accruing on or after January 1, 2026, the amended apportionment statute (S.C. Code § 15-38-15, under Act No. 42 of 2025) spreads fault across the plaintiff, the defendants, and nonparties, and a defendant found less than 50% at fault answers only for its own share rather than jointly for the whole; the greater-than-50% bar on the plaintiff is unchanged. Either way, disciplined fault development is the core of every contested claim.
What does it cost to hire a car accident lawyer for a South Carolina case?
Nothing up front. We handle injury cases on a contingency fee: the consultation is free, we advance case expenses, and you owe no attorney fee unless we recover for you.
Can a Hoover, Alabama firm handle my South Carolina case?
Yes. Our attorneys are licensed in Alabama, Georgia, and South Carolina, and we represent South Carolina clients by phone, video, and in person. What changes across a state line is not our involvement in the case but which rules apply, and we practice under South Carolina's.
Free South Carolina Guides on This Topic
Plain-English answers under South Carolina law, free to read before you ever call.
How Long Do I Have to File a Personal Injury Claim in South Carolina?Filing Deadlines · 6 min readWhat Is Comparative Negligence in South Carolina?Fault & Liability · 6 min readWhat Should I Do After a Car Accident in South Carolina?Accident Steps · 6 min readHow Much Is My Car Accident Claim Worth in South Carolina?Compensation · 6 min readWhat Are South Carolina's Minimum Car Insurance Requirements?Auto Insurance · 5 min readDo I Need Uninsured Motorist Coverage in South Carolina?Auto Insurance · 5 min readHow Much Does a Personal Injury Lawyer Cost in South Carolina?Working With a Lawyer · 5 min read
Hurt in Another State?
The same firm, under the rules of the state where you were hurt.