South Carolina Medical Malpractice Settlement Calculator
Estimate a medical malpractice settlement under South Carolina law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.
What South Carolina law does to your claim
Four things in state law shape a malpractice claim: how long you have to file, what must happen before you file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.
South Carolina bars recovery if plaintiff is 51% or more at fault.
Nelson v. Concrete Supply Co., 399 S.E.2d 783 (S.C. 1991)·Source retrieved 2026-07-27
S.C. Code Ann. § 15-32-530·Last reviewed 2026-07-30
A Notice of Intent to File Suit and an expert's affidavit, filed together before the suit. S.C. Code § 15-79-125(A) reads: “Prior to filing or initiating a civil action alleging injury or death as a result of medical malpractice, the plaintiff shall contemporaneously file a Notice of Intent to File Suit and an affidavit of an expert witness, subject to the affidavit requirements established in Section 15-36-100, in a county in which venue would be proper for filing or initiating the civil action.” We read this section only, so it is not a complete list of what South Carolina requires before a suit.
S.C. Code § 15-79-125(A)·Last reviewed 2026-10-16
None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.
What partial fault costs you in South Carolina
The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.
One case, run through the calculator above four times with only the claimant's share of fault changed, under South Carolina law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.
Every South Carolina deadline we hold
A claim can be more than one kind of case, and the clock is different for each. These are the South Carolina periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.
S.C. Code § 15-3-530(5)·Source retrieved 2026-07-27
Open the personal injury calculatorS.C. Code § 15-3-545·Source retrieved 2026-07-27
Open the medical malpractice calculatorS.C. Code § 15-3-530(6)·Source retrieved 2026-07-27
Open the wrongful death calculatorS.C. Code § 42-15-40·Source retrieved 2026-07-27
Open the workers compensation calculatorS.C. Code § 15-3-530(5)·Source retrieved 2026-07-27
Open the slip and fall calculatorSouth Carolina against the rest of the country
Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.
- 24 of the 51 jurisdictions we track apply modified comparative negligence with a 51% bar, and South Carolina is one of them.
- Its 3 years to file is longer than the 2 years that 31 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 4 years.
- We have read the official text of 26 jurisdictions' rules on what must come before a malpractice suit, and 25 of them require something: a notice to the provider, an expert's affidavit, certificate or opinion, or a review panel. South Carolina is one of them.
- 23 of the 51 jurisdictions limit medical malpractice non-economic damages in our data and South Carolina is not among them, so an estimate here is not held down by a ceiling we hold.
Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology
South Carolina calculators
South Carolina Medical Malpractice questions
Every document behind our state injury law figures, each linked with the date we last read it, is listed on our State Injury Law research sources page.