Can Out-of-State Tourists File Lawsuits in SC?

Car accidents involving out-of-state drivers are far more common than you may expect. As an out-of-state resident, you can file a personal injury suit if you are injured while traveling in The Palmetto State. Although you may be from another state, you can sue the other driver in South Carolina since that is where your accident took place.

If you have questions regarding filing a personal injury suit in South Carolina, our Conway tourist injury lawyers at Kinon Law Firm are here to advise you.

South Carolina Negligence Laws

Negligence laws vary based on the jurisdiction. While Alabama, Maryland, North Carolina, Virginia, and Washington, D.C. ban compensation if the injured party is found even 1% liable, South Carolina’s negligence laws are more forgiving. South Carolina practices comparative negligence, allowing a plaintiff to recover damages as long as they are less than 51% at fault. However, your award will be based on your percentage of fault. So, if you sue for $30,000 in personal injury damages but are 25% liable, then you will only be awarded $22,500.

Potential Damages in a South Carolina Personal Injury Suit

Whether you are injured in a slip and fall, car accident, or at the hands of a negligent physician, you may be eligible to recover the following in a civil lawsuit:

• Lost wages
• Loss of future earnings
• Emergency room care
• Medical imaging and laboratory tests
• Surgeries and procedures
• Pain and suffering
• Infliction of emotional distress
• Permanent disability

Is There a Maximum Amount That I Can Recover?

Personal injury damages fall into two categories, economic and non-economic. Economic damages involve any monetary losses due to your accident, such as lost wages or medical expenses. In contrast, non-economic damages are intangible losses that impact your quality of life. Since no financial loss is involved, non-economic damages are more difficult to quantify. Common non-economic damages include pain and suffering, infliction of emotional distress, and permanent disability.

While there is no cap on either economic or non-economic damages in most personal injury lawsuits, there is a non-economic damage cap in medical malpractice cases in South Carolina. As an out-of-state resident filing a lawsuit in South Carolina, you will be bound by the state’s cap on damages. As of 2026, the non-economic damage limit is $596,001 for a single practitioner and $1,788,002 for multiple providers. This cap is adjusted each year based on inflation. Even though a jury will not be instructed on the damage cap, your award will be reduced if the awarded amount exceeds the state threshold.

Aggressive Representation No Matter Where You Come From

If you are injured while visiting South Carolina, you should reach out to an attorney who practices within the state and knows local personal injury law. Our Conway tourist injury lawyers are ready to assist you in obtaining compensation for medical bills, lost wages, and other losses you have incurred. Although you may assume that being an out-of-state resident places you at a disadvantage, this is not the case. By providing evidence of the at-fault party’s negligence and your damages, you give yourself the best chance of a successful outcome.

Injured? Contact Our Conway Tourist Injury Attorneys Today

If you or a family member has experienced a personal injury or accident while visiting South Carolina, our Conway tourist injury lawyers would like to speak with you. At Kinon Law Firm, our legal team is committed to helping personal injury victims in the Grand Strand recover the compensation they deserve. To arrange your free case assessment, our office can be reached online or by phone at (843) 488-9191 at your earliest opportunity.