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Negligence / Personal Injury
3 Years with Discovery Rule.
Wrongful Death
3 Years with Discovery Rule.
Medical Malpractice
3 Years with Discovery Rule but not to exceed 6 years (SOR)from date of occurrence. Foreign object: 2 years from discovery but minimum SOL is 3 years from placement. Minors: Maximum toll is 7 years or 1 year after reaching majority.
Malpractice (Other Professions)
years with Discovery Rule.
Products Liability
3 Years with Discovery Rule.
Intentional Torts
2 Years
3 Years Case accrues at time of discovery.
Municipal Liability/Sovereign Immunity
If notice of claim filed, SOL is 3 years. If no notice of claim filed, SOL is 2 years with discovery rule. State liable for torts, same as private individual, with some limitations and exemptions, however. No punitive or exemplary damages or interest prior to judgment may be recovered.
Discovery Rule
Standard rule applies in S.C. except for medical malpractice cases.
Comparative Negligence
Rule applies unless plaintiff is more than 50% responsible.
Charitable Immunity
Abolished, but restricted by statute as to level of proof and amount recoverable.
For infants (18th birthday), incompetents, and insane persons, SOL runs from termination of disability. Maximum of 5 years, unless infant and then it is a maximum of 1 year from end of disability.
Punitive Damages
Plaintiff must present clear and convincing evidence of malice or reckless and outrageous indifference to highly unreasonable risk of harm and conscious indifference to health, safety, and welfare of others. Specific exceptions and regulations exist.
No-Fault Insurance
Optional coverage
Consumer Fraud Complaint
South Carolina Department of Consumer Affairs
(803) 734-4200
(800) 922-1594 (toll free in South Carolina)


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