South Carolina Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — SOUTH CAROLINA

FOR SETTLEMENT PURPOSES ONLY — RULE 408 PROTECTED

HEADER INFORMATION

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [__/__/____]

FROM:
[________________________________]
Attorney at Law
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
South Carolina Bar No.: [________________________________]

TO:
[________________________________]
Claims Adjuster / Claims Department
[________________________________] Insurance Company
[________________________________]
[________________________________]
[________________________________]

RE: PERSONAL INJURY DEMAND

I. INTRODUCTION AND PURPOSE

This letter constitutes a formal demand for compensation on behalf of our client, [________________________________] ("Claimant"), for personal injuries and damages sustained as a direct and proximate result of the negligence of your insured, [________________________________] ("Tortfeasor"), on [__/__/____] in [________________________________], South Carolina.

This firm has been retained to represent Claimant in connection with all claims arising from this incident. All communications regarding this matter should be directed exclusively to this office. Please do not contact Claimant directly.

This demand is submitted for settlement purposes only and is protected under Rule 408, SCRE (South Carolina Rules of Evidence).

SOUTH CAROLINA COMPARATIVE FAULT: Under S.C. Code Ann. § 15-38-15, South Carolina applies a modified comparative fault rule with a 51% bar. A plaintiff is barred from recovery only if found more than 50% at fault. Where a plaintiff is 50% or less at fault, damages are reduced proportionally. Defendants who are 50% or more at fault are jointly and severally liable; defendants below 50% are severally liable only.

II. FACTUAL BACKGROUND AND CIRCUMSTANCES OF THE INCIDENT

A. Pre-Incident Conditions

On [__/__/____], at approximately [____] [a.m./p.m.], Claimant was [________________________________] at or near [________________________________], [________________________________], South Carolina.

Weather conditions: [________________________________]
Road/surface conditions: [________________________________]
Lighting conditions: [________________________________]
Traffic conditions: [________________________________]

B. The Incident

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Provide a detailed narrative of the incident, including the conduct of the tortfeasor, the actions of the claimant, and how the incident occurred.)

C. Emergency Response and Immediate Aftermath

☐ Police were called to the scene — Report No.: [________________________________]
☐ Emergency medical services responded — EMS Report No.: [________________________________]
☐ Claimant was transported by ambulance to [________________________________]
☐ Claimant sought emergency treatment on own at [________________________________]
☐ Fire department responded
☐ Photographs were taken at the scene
☐ Witness statements were obtained

D. Witness Information

E. Police Report Summary

The investigating officer, [________________________________] of the [________________________________], documented:

• [________________________________]
• [________________________________]
• [________________________________]

☐ Citations issued to tortfeasor: [________________________________]
☐ No citations issued to Claimant
☐ Accident reconstruction performed

III. LIABILITY ANALYSIS UNDER SOUTH CAROLINA LAW

A. Negligence Standard

Under South Carolina law, negligence requires proof of:

1. Duty — A duty of care owed by the tortfeasor to the Claimant
2. Breach — Conduct falling below the applicable standard of care
3. Causation — Proximate cause connecting the breach to Claimant's injuries
4. Damages — Actual, compensable injuries

B. Tortfeasor's Specific Acts of Negligence

☐ Failure to maintain a proper lookout
☐ Failure to yield the right of way
☐ Following too closely
☐ Distracted driving (cell phone use / texting)
☐ Excessive speed for conditions
☐ Violation of S.C. Code Ann. § [________________________________]
☐ Failure to obey traffic control devices
☐ Improper lane change or merge
☐ Driving under the influence of alcohol or drugs (S.C. Code Ann. § 56-5-2930)
☐ Reckless driving (S.C. Code Ann. § 56-5-2920)
☐ Other: [________________________________]

C. South Carolina's Modified Comparative Fault System (S.C. Code Ann. § 15-38-15)

South Carolina follows modified comparative fault with a 51% bar:

• A plaintiff is barred from recovery if found more than 50% at fault
• A plaintiff at 50% or less at fault recovers damages reduced by the plaintiff's percentage of fault
• The trier of fact determines the percentage of fault attributable to each party

Claimant bears no fault for this incident. All evidence confirms the tortfeasor is 100% responsible.

D. Joint and Several Liability (S.C. Code Ann. § 15-38-15(A))

Under South Carolina law:

• A defendant found 50% or more at fault is jointly and severally liable for the plaintiff's total damages
• A defendant found less than 50% at fault is responsible only for that defendant's proportionate share of fault (several liability only)
• Exception: defendants who engage in willful, wanton, or grossly negligent conduct, or whose negligence involves alcohol or drugs, may be held jointly and severally liable regardless of percentage

E. Negligence Per Se

Where the tortfeasor's conduct violates a South Carolina statute designed to protect a class of persons including the Claimant:

• S.C. Code Ann. § [________________________________]: [________________________________]
• S.C. Code Ann. § [________________________________]: [________________________________]

IV. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

Primary Diagnoses:

• [________________________________]
• [________________________________]
• [________________________________]

Secondary/Associated Conditions:

• [________________________________]
• [________________________________]

B. Injury Checklist

☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury (herniation / bulge / fracture)
☐ Thoracic spine injury
☐ Lumbar spine injury (herniation / bulge / fracture)
☐ Shoulder injury (rotator cuff tear / labral tear)
☐ Knee injury (ACL / MCL / meniscus tear)
☐ Hip injury / fracture
☐ Rib fractures
☐ Wrist / hand / arm fracture
☐ Ankle / foot fracture
☐ Facial lacerations / scarring
☐ Soft tissue injuries (sprains / strains / contusions)
☐ Nerve damage / radiculopathy / neuropathy
☐ Post-traumatic stress disorder (PTSD)
☐ Anxiety / depression
☐ TMJ dysfunction
☐ Other: [________________________________]

C. Chronological Treatment History

D. Diagnostic Imaging

E. Surgical Procedures

F. Prognosis and Future Treatment

Treating physician [________________________________] has opined:

• [________________________________]
• MMI status: ☐ Reached on [__/__/____] ☐ Not yet reached
• Permanent impairment rating: [____]%
• Future treatment anticipated: [________________________________]
• Estimated future medical costs: $[________________________________]

V. DAMAGES CALCULATION

A. Economic Damages

B. Non-Economic Damages

South Carolina Non-Economic Damages: For general personal injury cases, South Carolina does not cap non-economic damages. The Noneconomic Damage Awards Act (S.C. Code Ann. § 15-32-220 et seq.) applies primarily to medical malpractice and government liability claims, with caps adjusted for inflation per § 15-32-530.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

South Carolina Minimum Auto Insurance (S.C. Code Ann. § 38-77-140):
- $25,000 per person / $50,000 per accident bodily injury
- $25,000 property damage (25/50/25)

B. Claimant's UM/UIM Coverage

South Carolina requires UM/UIM coverage under S.C. Code Ann. § 38-77-150, unless the insured specifically rejects it in writing.

C. Stacking

☐ Stacking of UM/UIM coverage is available under South Carolina law (S.C. Code Ann. § 38-77-160)
☐ Multiple vehicle stacking analysis performed
☐ Anti-stacking endorsement obtained — stacking waived

VII. PUNITIVE DAMAGES

Applicability (S.C. Code Ann. § 15-33-135)

Punitive damages may be awarded in South Carolina where the defendant's conduct was willful, wanton, or reckless.

☐ Punitive damages are sought in this matter based upon:
[________________________________]

☐ Punitive damages are not sought at this time

Statutory Caps

• Standard cap: Greater of 3x compensatory damages or $500,000
• Enhanced cap (alcohol/drugs or certain egregious conduct): Greater of 4x compensatory damages or $2,000,000
• No cap where the defendant acted with specific intent to harm and did in fact cause harm

Burden of Proof

Punitive damages must be proven by clear and convincing evidence in South Carolina.

VIII. SETTLEMENT DEMAND

SETTLEMENT DEMAND: $[________________________________]

Terms and Conditions:

1. Payment within thirty (30) days of receipt
2. Payment by cashier's check or certified funds payable to [________________________________], Attorney Trust Account
3. Full and final release upon receipt of payment
4. This demand is inclusive of all claims arising from the incident
5. This demand does not include release of first-party insurance claims

IX. STATUTE OF LIMITATIONS AND RESERVATION OF RIGHTS

Statute of Limitations

Under S.C. Code Ann. § 15-3-530, the statute of limitations for personal injury in South Carolina is three (3) years from the date of injury.

Reservation of Rights

Claimant reserves all rights, including:

• The right to file a civil lawsuit before the SOL expires
• The right to amend or supplement claimed damages
• The right to pursue claims against additional parties
• The right to pursue punitive damages
• The right to seek loss of consortium claims
• The right to pursue UM/UIM claims
• All other remedies available under South Carolina law

X. MEDICAL RECORDS AND EXHIBITS INDEX

Medical Records

☐ Emergency department records — [________________________________]
☐ Ambulance / EMS run report
☐ Hospital records and discharge summaries
☐ Primary care physician records
☐ Orthopedic records — [________________________________]
☐ Neurology records — [________________________________]
☐ Pain management records
☐ Physical therapy records
☐ Chiropractic records
☐ Mental health records
☐ Surgical records and operative reports
☐ Diagnostic imaging reports
☐ Prescription records
☐ Treating physician's narrative report

Billing Records

☐ Itemized medical bills from all providers
☐ Health insurance EOBs
☐ Lien information

Employment Records

☐ Employer verification of lost wages
☐ Tax returns ([____] – [____])
☐ Pay stubs

Incident Documentation

☐ Police accident report
☐ Scene photographs
☐ Vehicle damage photographs
☐ Injury photographs
☐ Witness statements
☐ Accident reconstruction report

XI. SIGNATURE AND CERTIFICATION

Respectfully submitted,

[________________________________]
Attorney for Claimant
South Carolina Bar No.: [________________________________]

[________________________________]
Firm Name
[________________________________]
Address
[________________________________]
City, State, ZIP

Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Date: [__/__/____]

XII. SOURCES AND REFERENCES

South Carolina Statutes

• S.C. Code Ann. § 15-38-15 — Modified comparative fault (51% bar); joint and several liability for defendants ≥ 50% at fault
• S.C. Code Ann. § 15-3-530 — Statute of limitations for personal injury (3 years)
• S.C. Code Ann. § 15-32-220 et seq. — Noneconomic Damage Awards Act
• S.C. Code Ann. § 15-32-530 — Noneconomic damages limits (adjusted for inflation)
• S.C. Code Ann. § 15-33-135 — Punitive damages cap
• S.C. Code Ann. § 15-51-10 et seq. — Wrongful death
• S.C. Code Ann. § 38-77-140 — Mandatory auto liability insurance (25/50/25)
• S.C. Code Ann. § 38-77-150 — UM/UIM coverage requirement
• S.C. Code Ann. § 38-77-160 — Stacking of UM/UIM coverage
• S.C. Code Ann. § 56-5-2920 — Reckless driving
• S.C. Code Ann. § 56-5-2930 — Driving under the influence

Key South Carolina Principles

• Modified comparative fault with 51% bar (plaintiff barred if more than 50% at fault)
• No general cap on non-economic damages in standard PI cases
• Punitive damages capped at greater of 3x compensatory or $500,000 (standard); no cap for intentional harm
• Joint and several liability for defendants 50%+ at fault
• Auto insurance minimums: 25/50/25
• South Carolina is a tort/fault state

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a licensed South Carolina attorney before submission.