Personal Injury Complaint - Auto Accident - South Carolina

STATE OF SOUTH CAROLINA

IN THE COURT OF COMMON PLEAS

[___] JUDICIAL CIRCUIT

COUNTY OF [COUNTY]

Civil Action No.: [___]

COMPLAINT

(Motor-Vehicle Negligence – Personal Injury)
JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Preliminary Statement............................................................... ¶ 1
2. Parties......................................................................................... ¶ 2-3
3. Jurisdiction and Venue........................................................... ¶ 4-6
4. Factual Allegations................................................................ ¶ 7-18

5. Causes of Action
   A. Negligence........................................................................ ¶ 19-26
   B. Negligence Per Se (Optional)........................................ ¶ 27-30

6. Damages.................................................................................. ¶ 31-40

7. Reservation as to Comparative Fault................................ ¶ 41
8. Prayer for Relief..................................................................... ¶ 42
9. Jury Demand............................................................................. ¶ 43
10. Verification (Optional)
11. Certificate of Service

I. PRELIMINARY STATEMENT

1. This civil action arises out of a motor-vehicle collision that occurred on [DATE] at or near [LOCATION], South Carolina, resulting in serious personal injuries and damages to Plaintiff.

II. PARTIES

2. Plaintiff [PLAINTIFF] is a resident and citizen of [COUNTY], South Carolina, and was so at all times relevant.
3. Defendant [DEFENDANT] is a resident/corporation of [COUNTY/STATE] and may be served at [ADDRESS].

III. JURISDICTION & VENUE

4. This Court has subject-matter jurisdiction pursuant to S.C. Code Ann. § 14-5-10 and South Carolina Constitution art. V, § 11.
5. Personal jurisdiction is proper because Defendant resides in—and/or committed the tortious conduct within—the State of South Carolina.
6. Venue is alleged to be proper in [COUNTY] County under S.C. Code Ann. § 15-7-30([SUBSECTION]) because Defendant is a [RESIDENT INDIVIDUAL / NONRESIDENT INDIVIDUAL / DOMESTIC ENTITY / QUALIFYING FOREIGN ENTITY / OTHER] and [PLEAD THE RESIDENCE OR PRINCIPAL PLACE OF BUSINESS WHEN THE CLAIM AROSE, OR THE MOST SUBSTANTIAL PART OF THE ALLEGED ACT OR OMISSION, AS REQUIRED BY THE SELECTED SUBSECTION]. The selected route must account for any special venue statute; transacting business or owning property alone does not establish an entity's principal place of business.

IV. FACTUAL ALLEGATIONS

7. On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] travelling [DIRECTION] on [ROAD].
8. At the same time, Defendant was operating a [YEAR/MAKE/MODEL] travelling [DIRECTION] on [ROAD].
9. Defendant failed to keep a proper lookout, drove too fast for conditions, and violated applicable traffic laws, including but not limited to [SPECIFIC STATUTE OR ORDINANCE].
10. [Describe collision sequence.]
11. The South Carolina Highway Patrol investigated and cited Defendant for [VIOLATION] under S.C. Code Ann. § [___].
    12-18. [Add additional facts: weather, traffic controls, injuries, vehicle damage, medical treatment, lost wages.]

V. CAUSES OF ACTION

A. Negligence

19. Plaintiff realleges ¶¶ 1-18.
20. Defendant owed a duty of reasonable care to all motorists, including Plaintiff.

21. Defendant breached that duty by, inter alia:
    a. Failing to maintain proper control;
    b. Driving at an unsafe speed;
    c. Disregarding traffic signals/signs;
    d. Failing to yield the right-of-way.

22. Defendant’s breach proximately caused Plaintiff’s injuries.

23. Plaintiff suffered past and future medical expenses, lost earnings, physical impairment, pain, suffering, mental anguish, and loss of enjoyment of life.
24. Under South Carolina’s modified comparative negligence rule, adopted by the South Carolina Supreme Court in Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), Plaintiff’s recovery is barred only if Plaintiff’s fault exceeds 50 percent. Separately, to the extent more than one defendant is found liable for Plaintiff’s indivisible damages, apportionment of fault and the availability of joint-and-several liability are governed by S.C. Code Ann. § 15-38-15 (a defendant found less than 50 percent at fault is liable only for that defendant’s proportionate share).
25. Plaintiff was exercising reasonable care and was less than 51 percent at fault.
26. Accordingly, Plaintiff seeks actual damages for the injuries caused by Defendant’s negligence. Punitive damages require a separate showing under S.C. Code Ann. § 15-32-520(D), as described in the optional paragraph 33.

B. Negligence Per Se (Optional)

27. Plaintiff realleges ¶¶ 1-18.
28. Defendant violated S.C. Code Ann. § [RELEVANT TRAFFIC STATUTE] designed to prevent accidents of the type at issue.
29. Such violation constitutes negligence per se under South Carolina law.
30. Plaintiff is therefore entitled to damages as set forth below.

VI. DAMAGES

31. Economic Damages (Past & Future):
    a. Medical expenses — $[ESTIMATE]
    b. Lost wages/Loss of earning capacity — $[ESTIMATE]

32. Non-Economic Damages:
    a. Physical pain and suffering;
    b. Mental anguish/emotional distress;
    c. Loss of enjoyment of life.

33. [OPTIONAL—USE ONLY IF SUPPORTED BY SPECIFIC FACTS: Defendant [DESCRIBE FACTS SHOWING WILFUL, WANTON, OR RECKLESS CONDUCT BEYOND ORDINARY NEGLIGENCE]. Plaintiff seeks punitive damages only upon clear and convincing proof that this conduct caused the harm, as required by S.C. Code Ann. § 15-32-520(D), subject to § 15-32-530. Delete this paragraph and prayer item 42(b) if no such facts exist.]
    34-39. [Add property damage, mileage, life-care plan, etc.]

34. Plaintiff seeks pre-judgment interest where allowed and post-judgment interest pursuant to S.C. law.

VII. RESERVATION AS TO COMPARATIVE FAULT

41. Plaintiff denies any negligence but pleads, in the alternative, that if Plaintiff is found comparatively negligent at 50 percent or less, recovery shall be reduced, not barred, consistent with South Carolina’s modified comparative negligence rule (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), and that any apportionment of fault among multiple defendants shall be governed by S.C. Code Ann. § 15-38-15.

VIII. PRAYER FOR RELIEF

42. WHEREFORE, Plaintiff respectfully requests:
    a. Judgment against Defendant for actual damages in an amount to be determined by the trier of fact;
    b. [If paragraph 33 is supported and retained: punitive damages as allowed by law;]
    c. Costs of this action, including reasonable attorney’s fees where permissible;
    d. Such other and further relief as this Court deems just and proper.

IX. JURY DEMAND

43. Plaintiff demands a trial by jury on all issues so triable as a matter of right under the South Carolina Constitution and Rule 38, SCRCP.

X. VERIFICATION (Optional)

STATE OF SOUTH CAROLINA )
COUNTY OF [___] )

The undersigned, being duly sworn, deposes and says: I am the Plaintiff in the foregoing Complaint; I have read the Complaint; and the factual allegations are true and correct to the best of my knowledge, information, and belief.

_____________________________ Date: _____________
[PLAINTIFF NAME]

Sworn to before me this ____ day of __________, 20__.

_____________________________
Notary Public for South Carolina
My Commission Expires: _______

XI. SERVICE OF ORIGINAL PROCESS AND PROOF

File a summons with this Complaint. For a traditional paper filing, include a completed Civil Action Coversheet (SCCA 234). For an electronic filing, enter the coversheet information in the filing system rather than uploading SCCA 234; confirm the filing county's instructions.

Arrange service of the summons and Complaint on each defendant under SCRCP Rule 4. Use a person and method authorized for original process; do not treat electronic filing or later-paper e-service as service of this Complaint. Certified mail is an option only when the governing Rule 4 provision or statute authorizes it and its receipt requirements are met. If the driver is a nonresident, check S.C. Code §§ 15-9-350 and 15-9-370 for the DMV service route, certified mailing, signed return receipt, and affidavit.

Defendant served: [NAME] Date and time: [__________] Place: [__________]

Method and person receiving service: [DESCRIBE]

Documents served: Summons and Complaint

Server: [NAME AND CONTACT INFORMATION]

File the authorized server's proof of service and any required mail receipt or statutory affidavit.

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

DATED: _____________, 20__

_________________________________
[ATTORNEY NAME], S.C. Bar No. [___]
[FIRM NAME]
[STREET ADDRESS]
[CITY], SC [ZIP]
Tel: [___] Fax: [___]
Email: [___]
Attorney for Plaintiff

KEY SOUTH CAROLINA PRACTICE NOTES

• Statute of Limitations: 3 years from the date of accident (S.C. Code Ann. § 15-3-530(5)).
• Punitive Damages Limits: Section 15-32-530(A) generally limits punitive damages to the greater of three times compensatory damages or the annually adjusted dollar amount (statutory base: $500,000; verify the current State Register publication). Under subsection (B), the trial court may apply the greater-of-four-times-compensatory-or-$2-million tier upon the specified findings of primarily unreasonable financial gain with policy-level knowledge or approval of the dangerous conduct and high likelihood of injury, or conduct that could subject the defendant to felony conviction and proximately caused the damages. Under subsection (C), no cap applies only upon the trial court's findings of intent to harm that did harm the claimant; a guilty plea or conviction for a felony arising from the same causative conduct; or qualifying substantial impairment from alcohol, drugs other than lawfully prescribed drugs administered in accordance with the prescription, or the specified intentionally consumed toxic substances.
• Comparative Negligence: Recovery is barred only if Plaintiff is more than 50% at fault, under the judicially adopted modified comparative negligence rule of Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) — this is case law, not a statute.
• Joint and Several Liability/Apportionment Among Multiple Defendants: Under S.C. Code Ann. § 15-38-15(A), a defendant found less than 50% at fault generally owes only that proportionate share. Subsection (F) instead imposes joint and several liability when that defendant's conduct is determined to be willful, wanton, reckless, intentional, or involves illegal or illicit drug use, sale, or possession. Section 15-38-15 was amended by 2025 Act No. 42 (H.3430) for causes arising or accruing after January 1, 2026; the amendment also changed nondefendant allocation and removed the prior alcohol and gross-negligence exceptions from subsection (F). Check the governing version for earlier claims. https://www.scstatehouse.gov/code/t15c038.php
• If a governmental entity or employee is a defendant, the South Carolina Tort Claims Act caps damages at $300,000 per person/$600,000 per occurrence (higher for licensed-physician/dentist torts), bars punitive damages and prejudgment interest (S.C. Code Ann. §§ 15-78-120(a), (b)), and requires a verified claim (if elected) within one year of discovery of the loss and suit within two years (extendable to three years if a timely verified claim is filed) (S.C. Code Ann. §§ 15-78-80, 15-78-110).