South Carolina Settlement Amounts in Injury Claims (2024)

This post looks at South Carolina personal injury settlements and jury award payouts. This post has old settlement and jury award statistics but sample settlement amounts and jury awards as recent as December 2023.

South Carolina Injury Verdicts and Settlements

If you have a personal injury or wrongful death lawsuit in South Carolina, you understandably want to understand the settlement amount or jury payout you can expect. Example settlements and verdicts serve as an important tool in this regard. It provides valuable insights into past cases and helps in estimating potential outcomes. However, it is essential to remember that while example outcomes can be of great use, it is only one tool among many. Its value is limited when used in isolation Each case has unique factors that can significantly influence the final settlement or verdict.

Below are settlement amounts and jury payouts in South Carolina malpractice, car accidents, and other personal injury lawsuits.

$65,000 Settlement (South Carolina 2024): The plaintiff said he was stopped in traffic when his vehicle was rear-ended by a vehicle operated by defendant. The plaintiff alleged that he suffered “unspecified” injuries to his neck and back and claimed that the defendant was negligent. The case settled for $65,000.

$8,650 Verdict (South Carolina 2024): The plaintiff said she was rear-ended by the defendant who was driving too fast while also talking on his cell phone at the time of the accident. The plaintiff claimed that she suffered misalignment of her jaw, two cracked teeth, a broken partial denture plate, damage to her gums and mouth, and a bruised neck, hip and right knee. The jury clearly did not believe her story because they awarded less than $10,000.

$2,500,000 Settlement (South Carolina, 2023): A 68-year-old man received a settlement after a medical malpractice case involving delayed diagnosis and treatment of spinal abscesses. Despite the immediate ordering of MRIs upon his emergency room arrival, the imaging was inexplicably postponed. His condition deteriorated, marked by a loss of sensation and mobility in his lower extremities, until MRIs eventually confirmed the abscesses. Emergency spinal decompression and intensive rehabilitation followed, but he remained mostly confined to a power wheelchair with minimal walking ability. The settlement included a loss of consortium claim for the plaintiff’s spouse, maintaining the confidentiality of the involved parties.

$1,750,000 – Verdict (South Carolina 2024):A man worked as a maintenance worker at a plant during the 1970s. It was during this time that he was exposed to asbestos. He died of mesothelioma. The lawsuit focused on the man’s exposure to asbestos through gaskets manufactured by a specific company. Gaskets are mechanical seals that fill the space between two or more mating surfaces, generally to prevent leakage from or into the joined objects while under compression. The gaskets in question were alleged to contain asbestos, which could become airborne and be inhaled by workers, leading to diseases like mesothelioma. The jury was at first deadlocked but eventually agreed on a $1.75 million verdict, a relatively small verdict for a meso lawsuit.

$453,919 – Verdict (South Carolina 2023): The plaintiff visited a dermatologist in 2018 for a lesion on his nose, which had the classic appearance of basal cell carcinoma. A physician assistant performed a biopsy, and the pathology report came back indicating “serum crust with parakeratosis,” essentially a scab. At a follow-up appointment, an advanced practice registered nurse informed the plaintiff that the results were benign and recorded as “benign skin” in his medical chart. Over the following two years, the lesion worsened, leading the plaintiff to consult another dermatologist. This time, a biopsy confirmed basal cell carcinoma. The plaintiff underwent a Mohs procedure to remove the skin cancer, resulting in significant damage to his nose, necessitating a three-stage plastic surgery for repair. The plaintiff’s legal team argued that the initial pathology report was inconclusive, and the plaintiff should have been fully informed about its implications and offered the option of a second biopsy. They contended that an earlier diagnosis would have meant simpler treatment without the need for extensive plastic surgery. The defense argued that the healthcare providers adhered to the standard of care and maintained that it was unclear if the plaintiff had skin cancer in 2018. They also suggested that the outcome would have been the same regardless and implied the plaintiff was at fault for not seeking further dermatological care when the lesion worsened. Plaintiff only demanded $135,000. But the defendant would not pay more than $35,000. That was a mistake. A Spartanburg County jury awarded the plaintiff $453,919.47.

$100,000 Verdict (South Carolina 2022): The plaintiff visited a dermatologist in 2018 for a lesion on his nose, which had the classic appearance of basal cell carcinoma. A physician assistant performed a biopsy, and the pathology report came back indicating “serum crust with parakeratosis,” essentially a scab. At a follow-up appointment, an advanced practice registered nurse informed the plaintiff that the results were benign and recorded as “benign skin” in his medical chart. Over the following two years, the lesion worsened, leading the plaintiff to consult another dermatologist. This time, a biopsy confirmed basal cell carcinoma. The plaintiff underwent a Mohs procedure to remove the skin cancer, resulting in significant damage to his nose, necessitating a three-stage plastic surgery for repair. The plaintiff’s legal team argued that the initial pathology report was inconclusive, and the plaintiff should have been fully informed about its implications and offered the option of a second biopsy. They contended that an earlier diagnosis would have meant simpler treatment without the need for extensive plastic surgery. The defense argued that the healthcare providers adhered to the standard of care and maintained that it was unclear if the plaintiff had skin cancer in 2018. They also suggested that the outcome would have been the same regardless and implied the plaintiff was at fault for not seeking further dermatological care when the lesion worsened. Plaintiff only demanded $135,000. But the defendant would not pay more than $35,000. That was a mistake. A Spartanburg County jury awarded the plaintiff $453,919.47.

$315,000 Verdict (South Carolina 2021): A 55-year-old woman dined with her husband at an Outback Steakhouse. She ordered a grilled chicken dish. The woman brought the uneaten portion home. The following day, she took a bite into the leftovers. The woman felt sharp throat pain. She presented to the emergency room. An X-ray revealed a metal object in the woman’s esophagus. She was brought to another hospital. The woman had the metal object surgically removed. She sustained emotional distress. The woman now avoided eating grilled chicken. She and her husband alleged negligence against Outback Steakhouse. They claimed it failed to properly train its employees and remove foreign objects from meals. The couple received a $315,000 verdict.

$350,000 Verdict (South Carolina 2021): A 70-year-old man walked down a pedestrian ramp at a state park. He slipped and fell. The man fractured his right tibia. He underwent an open reduction internal fixation. The man spent 12 days in the hospital. He subsequently underwent physical therapy for five months. The man used a wheelchair and a walker for 15 weeks. He could no longer enjoy running. The jury awarded $350,000.

$250,000 Verdict (South Carolina 2021): A 51-year-old woman was rear-ended. She suffered cervical bulges and tingling with radiculopathy. The woman underwent six months of physical therapy. She also took pain medications. The woman continued to experience residual cervical and lumbar pain. She and her husband alleged negligence against the at-fault driver. They claimed he failed to safely operate his vehicle. The jury awarded $250,000.

$13,500,000 Verdict (South Carolina 2021): A 19-year-old man was a passenger in an SUV with four other occupants. The driver lost control. As a result, the vehicle flipped over. The other four occupants died from their injuries. The man survived. However, he suffered a traumatic brain injury and a fractured left clavicle. The man underwent an open reduction internal fixation. He required lifelong neurological care. The man’s cognitive deficits precluded him from gainful employment. He also suffered from mood swings and a sleeping disorder. The man alleged negligence against the South Carolina Department of Transportation and the companies that repaired the roadway. He claimed they created dangerous conditions and failed to repair them. The jury awarded $13,100,559.

$150,000 Verdict (South Carolina 2021): A 37-year-old motorcyclist was struck. She suffered a concussion, three ribs fractures, and leg bruises and abrasions. The woman was hospitalized for four days. Three months later, the woman returned. She was diagnosed with residual headaches, intracranial hypertension, eye pain, vision impairments, and leg bruises and abrasions. The woman alleged negligence against the at-fault driver. She claimed she failed to maintain an appropriate lookout and yield the right-of-way. The jury awarded $150,000.

$97,810 Settlement (South Carolina 2020): A 29-year-old man was fatally struck while riding his moped. His mother alleged that the at-fault driver’s negligence caused his death. The defense denied liability. This case settled for $97,810.

$90,000 Settlement (South Carolina 2020): A man was struck in Aiken County. He died from his injuries. The man’s family alleged that the at-fault driver’s negligence caused his death. This case settled for $90,000.

$150,000 Verdict (South Carolina 2020): A woman was rear-ended. She injured her neck, back, and shoulder. The woman alleged that the at-fault driver’s negligence caused her injuries. She claimed she failed to avoid a collision, properly brake, and drive cautiously. The at-fault driver denied liability, arguing comparative negligence. A Richland County jury ruled in the woman’s favor. They awarded her $150,000.

$1,800,000 Verdict (South Carolina 2020): A woman was T-boned. She suffered severe injuries. The woman alleged that the at-fault driver’s negligence caused them. She claimed he ran a red light and drove while intoxicated. The at-fault driver denied liability, arguing comparative negligence. A Charleston County jury ruled in the woman’s favor. They awarded her $1,800,000.

$200,000 Settlement (South Carolina 2019): A special needs man underwent a thyroidectomy. Following the procedure, the man’s symptoms failed to resolve. He underwent a second surgery. The surgeon found that the initial surgeon did not completely remove the thyroid. After three hours, he completely removed it. The man’s mother alleged that the initial surgeon’s failure to remove the thyroid caused his symptoms to continue. This case settled for $200,000.

$250,000 Verdict (South Carolina 2019): A woman was rear-ended by an unknown driver on I-77. She injured her neck, back, and chest. The woman alleged that the unknown driver’s negligence caused her injuries. She claimed they failed to control their vehicle, properly observe traffic conditions, and timely brake. A York County jury awarded the woman $250,000.

$1,100,000 Verdict (South Carolina 2019): A woman was sideswiped on SEC-30 in Seneca. She suffered severe injuries. The woman and her husband alleged that the at-fault driver’s negligence caused them. They claimed he failed to timely brake, maintain a proper lookout, and yield the right-of-way. An Oconee County jury awarded the couple $1,100,000.

$1,100,000 Settlement (South Carolina 2019): A 4-year-old house guest tripped on a tree stump. She suffered severe injuries, including a leg fracture. The girl’s mother alleged that the homeowner’s negligence caused her injuries. She claimed she failed to warn of the hazardous condition, maintain her yard, and protect houseguests from harm. The homeowner denied liability. This case settled for $1,100,000.

$809,395 Bench Verdict (South Carolina 2019): A man was sideswiped in Myrtle Beach. He injured his left hand and middle finger. The man alleged that the at-fault driver’s negligence caused his injuries. He claimed he ran a stop sign, excessively sped, and failed to control his vehicle. The man also claimed vicarious liability against the at-fault driver’s employer. Following a bench trial, the man received $809,395.

$795,000 Verdict (South Carolina 2019): A married couple was T-boned. Their vehicle flipped over into a water ditch. The wife became submerged in the ditch. She suffered multiple injuries, including severe bleeding. The husband suffered unspecified physical injuries. He also suffered emotional distress from witnessing his wife submerged in the ditch, bleeding. The couple alleged that the at-fault driver’s negligence caused permanent injuries. They claimed he ran a stop sign and drove while intoxicated. The Orangeburg County jury awarded $795,000.

South Carolina Personal Injury Law

Below is a brief outline of some of the key points of law in South Carolina personal injury lawsuits, including the statute of limitations.

South Carolina Statute of Limitations in Personal Injury Cases

Every state imposes deadlines for initiating legal proceedings and filing lawsuits following an incident of harm. These time limits, known as statutes of limitations, differ according to the nature of the case.

In South Carolina, the typical statute of limitations for personal injury cases grants a three-year window from the injury date to initiate a lawsuit within the state’s civil court system, as outlined in the S.C. Code of Laws § 15-3-530.

This timeframe applies to various cases like car accidents, slip and fall incidents, and most injuries resulting from another party’s negligence. However, certain types of injury-related cases in South Carolina, such as medical malpractice, defamation, and sexual abuse, have distinct deadlines under their respective statutes of limitations.

Discovery Rule Can Extend the SOL

The discovery rule in South Carolina is an exception to the standard statute of limitations. It allows the statute of limitations to begin from the date the injured party knew or should have known of the injury and its cause rather than the date it occurred. This rule applies to both personal injury and medical malpractice claims.

Modified Comparative Negligence

South Carolina follows a modified comparative negligence system, meaning that a plaintiff’s recovery may be reduced based on their percentage of fault contributing to the injury. If a plaintiff is found to be more than 50% at fault, they are barred from recovering any damages. However, if the plaintiff is found to be 50% or less at fault, their damages will be reduced proportionally by their percentage of fault.

Strict Liability for Dog Bites in South Carolina

In South Carolina, dog owners can often be deemed “strictly liable” if their dog bites or causes injury to someone. This means that regardless of the dog’s previous behavior or the level of care exercised by the owner, they may be held financially accountable for the harm suffered by the victim. However, exceptions exist, such as when the injured individual was trespassing at the time of the incident or when their actions provoked the dog’s attack. (S.C. Code of Laws § 47-3-110.)

Damages Caps

South Carolina does not have a cap on damages in general personal injury cases. However, South Carolina does have maximum caps on the amount of non-economic (pain and suffering) damages that can be awarded in medical malpractice cases. The cap for non-economic damages in South Carolina malpractice cases is adjusted every year, but the current caps (as of 2024) are:

$512,773 for malpractice cases involving a single defendant
$1,538,319 total cap for multidefendant malpractice cases, with a limit of $512,773 to be paid by any single defendant

South Carolina Product Liability Lawsuits

Under South Carolina law, a manufacturer or seller of a product can be held liable if that product is defective and that defect causes injuries or harm. South Carolina acknowledges the 3 basic types of product defects as identified in the Restatement of Torts:

Manufacturing Defects: a manufacturing defect is something that occurs during the assembly process rending the product defective and potentially dangerous.
Design Defects: a design defect occurs when the product is manufactured correctly, but there is something inherent in its design that makes it defective and dangerous (e.g., an ingredient that causes cancer).
Failure to Warn: a product can be considered defective if it is sold without proper warnings or instructions that enable users to avoid potential risks.

There are number of national mass torts or “class actions” (often based on product liability claims) that involve hundreds of South Carolina plaintiffs, including claims our law firm is handling across the country:

Roundup Cancer Lawsuits: new evidence has shown that exposure to the chemicals in the popular weedkiller Roundup can cause non-Hodkin’s lymphoma. This has led to thousands of lawsuits and the manufacturer of Roundup (Bayer) has set aside billions to cover claims.

AFFF firefighting foam lawsuits allege that exposure to aqueous film-forming foam (“AFFF”) – commonly known as firefighting foam – can cause certain types of cancer, including kidney, bladder, and prostate cancer. The AFFF class action MDL is actually in federal court in South Carolina.

Suboxone Tooth Decay Lawsuits Suboxone is a prescription drug used to help treat opioid addiction. Suboxone users are now suing the drug manufacturer for failing to warn that Suboxone can cause rapid and severe tooth decay.

South Carolina Sex Abuse Lawsuits

South Carolina law allows victims of sexual abuse or sexual assault to file civil lawsuits and get financial compensation for the physical and emotional damages caused by the abuse. Victims can file South Carolina sex abuse lawsuits against not only the individual who committed the abuse, but also against third parties like schools, churches, or corporations, who negligently enabled the abuse to occur.

Hiring a South Carolina Personal Injury Lawyer

Our firm handles serious injury and wrongful death lawsuits in South Carolina by working with local partner firms. We compensate our South Carolina lawyers out of our own attorneys’ fees so it doesn’t cost you anything to have two law firms instead of one. And you only owe a fee if you get settlement compensation or a jury payout for you.

If you were hurt and believe you have a potential civil tort claim, click here for a free no-obligation consultation or call us today at 800-553-8082 or get a free consultation online.