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 lies in this County under S.C. Code Ann. § 15-7-30 because (i) Defendant resides here, and/or (ii) the accident occurred here.

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 is entitled to recover actual and punitive damages.

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. Punitive Damages: Defendant’s conduct was willful, wanton, or reckless, warranting punitive damages pursuant to S.C. Code Ann. § 15-32-530, subject to the statutory cap of the greater of three times actual damages or the annually CPI-adjusted dollar amount (statutory base: $500,000), unless an exception applies.
    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. 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. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, I served the foregoing Complaint on counsel/party for Defendant by [method: hand-delivery, certified mail, electronic service pursuant to E-Filing Policies].

_____________________________
[ATTORNEY NAME], S.C. Bar No. [___]
Attorney for Plaintiff
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

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 Cap: S.C. Code Ann. § 15-32-530 — base tier is the greater of three times compensatory damages or the annually CPI-adjusted dollar amount (statutory base: $500,000); a higher tier (four times compensatory damages or $2,000,000) applies where the conduct was motivated primarily by unreasonable financial gain and the dangerous nature of the conduct and high likelihood of injury were known or approved by a managing agent/officer/policymaker, or where the defendant's conduct could subject the defendant to felony conviction; no cap applies where the defendant acted with specific intent to harm, was convicted of a related felony, or acted under the influence of alcohol/drugs. Ensure the Complaint alleges “willful, wanton, or reckless disregard” to preserve the claim.
• 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: Governed by S.C. Code Ann. § 15-38-15 (a defendant found less than 50% at fault is liable only for that proportionate share; a defendant found 50% or more at fault may be jointly and severally liable). Section 15-38-15 was substantially amended by 2025 Act No. 42 (H.3430), effective January 1, 2026, which (among other changes) extends fault apportionment to non-party "tortfeasors" placed on the verdict form and removes the prior alcohol/gross-negligence exceptions to the joint-and-several-liability limitation.
• 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).