Key facts: South Carolina
- Wrongful death deadline
- 3 years
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. South Carolina follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for South Carolina
Three years for both PI under § 15-3-530(5) and wrongful death under § 15-3-530(6) (from date of death). The discovery rule applies. The Tort Claims Act requires filing within two years for government claims, with notice requirements under § 15-78-110.
Related: South Carolina comparative negligence rule
South Carolina follows a modified 51% bar rule. Modified comparative negligence with a 51% bar adopted judicially in Nelson v. Concrete Supply for causes of action arising on or after July 1, 1991. The plaintiff recovers when negligence is "not greater than" the defendant’s.
Read the full South Carolina comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed South Carolina attorney before relying on it.