Suing the Government in South Carolina: How the Tort Claims Act Limits — and Allows — Injury Claims Against Public Entities
When a South Carolina government entity — SCDOT, a city, a county, or a state agency — causes an injury, the Tort Claims Act governs the claim. The rules are strict, the deadlines are short, and the damages are capped. Charleston injury plaintiffs who ignore this framework lose cases before they start.
South Carolina has waived sovereign immunity through the South Carolina Tort Claims Act (SCTCA), S.C. Code §§ 15-78-10 et seq. This waiver allows injured citizens to bring negligence claims against state and local government entities — but only within a tightly defined procedural framework that differs significantly from standard personal injury litigation. Missing any of these requirements is often fatal to the claim, regardless of how strong the underlying facts are.
The Controlling Case and Statute
In Steinke v. South Carolina Department of Labor, Licensing and Regulation, the South Carolina Supreme Court addressed the scope of the SCTCA's immunity exceptions, clarifying which governmental functions remain immune even after the statutory waiver. The decision remains central to evaluating whether a particular government agency's conduct falls within the waiver or within one of the Act's retained immunity provisions.
Critical Procedural Requirements
The SCTCA imposes requirements that have no parallel in claims against private defendants:
- Two-year statute of limitations. Claims against government entities under the SCTCA must be filed within two years of the injury — one year shorter than the standard three-year personal injury deadline. This shorter deadline frequently catches unrepresented plaintiffs off guard.
- Written notice to the appropriate agency. The SCTCA requires written notice of the claim to the appropriate government entity before filing suit. The notice must identify the claimant, describe the circumstances of the injury, and state the amount of the claim. Failure to provide proper notice can result in dismissal.
- Mandatory mediation before suit. Government claims under the SCTCA must proceed through a mandatory Alternative Dispute Resolution (ADR) process before a lawsuit can be filed.
Damage Caps Under the SCTCA
Even when liability is established, the SCTCA caps recovery. As of 2026, the cap is $300,000 per occurrence for a single claimant and $600,000 per occurrence for multiple claimants arising from the same incident. These caps apply regardless of the actual severity of the injury or the number of defendants. In catastrophic injury cases — spinal cord injuries, brain injuries, wrongful death — the SCTCA cap represents a significant limitation on recovery compared to what a private defendant case might yield.
Common Charleston-Area Government Injury Claims
Government entity claims arise regularly in the Charleston area from: dangerous road conditions maintained by SCDOT or the City of Charleston (potholes, failed traffic signals, inadequate signage), accidents involving government vehicles, injuries on government-owned property, and injuries caused by government employees acting within the scope of their employment.
How Traywick Law Helps
Our office handles SCTCA claims throughout the Lowcountry, including highway defect cases, government vehicle accidents, and public property injuries. Visit the Traywick Legal Blog for more analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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David Traywick offers free consultations for personal injury and consumer law matters in Charleston, SC.