How South Carolina's Rising Tide Law Affects Your Personal Injury Claim

What the Rising Tide Law means for your injury case

South Carolina's Rising Tide Law changes how damages are calculated in personal injury cases when multiple defendants share fault. Instead of each defendant paying only their percentage of fault, the law makes defendants who are more than 50 percent responsible pay the full amount of non-economic damages—things like pain and suffering, emotional distress, and loss of enjoyment of life. Economic damages, which cover medical bills and lost wages, are still split by fault percentage among all defendants.

The law took effect in 2018 and applies to cases filed after that date. It fundamentally shifts the financial risk: a defendant who is 51 percent at fault now owes 100 percent of the non-economic damages, not just 51 percent. This can mean significantly larger payouts in cases where liability is split between two or more parties.

Understanding how this law works matters because it affects settlement negotiations, trial strategy, and ultimately how much money you may receive. Your personal injury attorney will use the Rising Tide Law to argue for higher damages if the defendant bears majority fault.

Key Takeaways

• The Rising Tide Law applies only to cases filed after January 1, 2018, and only when a defendant is found more than 50 percent at fault.
• Non-economic damages—pain and suffering, emotional distress, loss of enjoyment of life—are paid in full by the majority-fault defendant, not split by percentage.
• Economic damages like medical bills and lost wages are still divided among defendants based on their individual fault percentages.
• The law does not apply if no single defendant is more than 50 percent responsible, or if the case involves only one defendant.

How non-economic damages work under the Rising Tide Law

Non-economic damages are the hardest to calculate because they have no receipt or invoice. A jury must decide what your pain, suffering, and emotional harm are worth. Before the Rising Tide Law, if two defendants shared fault 60-40, the 60 percent defendant would pay only 60 percent of the non-economic damages award. The injured person absorbed the loss from the 40 percent defendant's share.

Under the Rising Tide Law, the defendant who is 60 percent or more at fault now pays the entire non-economic damages award. This protects injured people from losing money because a less-responsible defendant cannot or will not pay their share. The majority-fault defendant can then pursue the other defendants for contribution—a separate legal action to recover what they paid on behalf of the others.

This shift matters most in cases where one party is clearly more responsible. A car accident where one driver ran a red light, or a premises liability case where a property owner failed to maintain safe conditions, often results in one defendant bearing the majority of fault. In those situations, the Rising Tide Law increases the non-economic damages you receive.

When the Rising Tide Law does not apply

The law only applies when at least one defendant is found more than 50 percent at fault. If liability is split evenly—50-50—or if three defendants each bear 35 percent fault, the Rising Tide Law does not trigger. In those cases, damages are divided by fault percentage as they were before 2018.

The law also does not apply to cases with only one defendant. If you are injured by a single person or entity, there is no split liability, and the defendant pays all damages regardless of the law. Additionally, the Rising Tide Law applies only to cases filed after January 1, 2018. Older cases use the previous damage-splitting rules.

Certain types of cases may have different rules. Medical malpractice claims, for example, have their own damage caps under South Carolina law. Always discuss with your attorney whether the Rising Tide Law applies to your specific situation.

Economic damages remain split by fault percentage

Economic damages—medical expenses, lost wages, rehabilitation costs, property damage—are still divided among defendants based on how much each one is at fault. If a defendant is 40 percent responsible, they pay 40 percent of the economic damages. This rule has not changed under the Rising Tide Law.

This distinction matters because economic damages are often the largest part of a personal injury award. In a serious injury case, medical bills and lost income can reach hundreds of thousands of dollars. Even though the majority-fault defendant pays all non-economic damages, they split the economic damages with other defendants according to fault percentages.

Your attorney will separate these two categories when calculating your total recovery. They will argue for the full non-economic damages from the majority-fault defendant while negotiating the economic damages split among all responsible parties.

How the Rising Tide Law affects settlement and trial strategy

Insurance companies and defendants know the Rising Tide Law increases their financial exposure when they bear majority fault. This often leads to higher settlement offers early in the case, because the defendant wants to avoid a jury trial where they might be found more than 50 percent responsible and owe the full non-economic damages award.

At trial, your attorney will emphasize facts that show the defendant's majority responsibility. Witness testimony, accident reconstruction, medical records, and expert opinions all contribute to the jury's fault information. If your attorney can prove the defendant is 51 percent or more at fault, the jury will award you the full non-economic damages amount, not a reduced percentage.

Defendants' attorneys, by contrast, will work to show shared fault or that other parties bear equal or greater responsibility. They may argue that you, the injured person, contributed to the accident or injury. If they succeed in showing fault is split evenly or that multiple defendants share responsibility equally, the Rising Tide Law does not increase your recovery.

Contribution and how defendants recover from each other

When a defendant pays the full non-economic damages under the Rising Tide Law, they can file a contribution claim against other defendants to recover their share. This is a separate lawsuit between the defendants, not involving you directly. The defendant who paid argues that the other defendants should reimburse them for the portion of damages that corresponds to those defendants' fault.

Contribution claims can take months or years to resolve, and they happen after your case is settled or decided. You do not participate in contribution disputes. Your role ends once you receive your damages award. The defendants then sort out among themselves who pays what.

This system protects you from the delays and complications of multi-defendant disputes. You get paid the full non-economic damages award promptly, and the defendants handle their own financial arrangements afterward.

Frequently Asked Questions

Does the Rising Tide Law apply to my case?

The law applies if your case was filed after January 1, 2018, and if at least one defendant is found more than 50 percent at fault. If liability is split evenly or if there is only one defendant, the law does not change how damages are calculated. Discuss your specific situation with your personal injury attorney to determine whether the Rising Tide Law affects your claim.

What is the difference between economic and non-economic damages?

Economic damages are measurable financial losses: medical bills, lost wages, property damage, rehabilitation costs. Non-economic damages are subjective and have no receipt: pain and suffering, emotional distress, loss of enjoyment of life, scarring or disfigurement. The Rising Tide Law changes how non-economic damages are paid, but economic damages are still split by fault percentage.

Can I receive more money because of the Rising Tide Law?

Yes, if one defendant is found more than 50 percent at fault. You receive the full non-economic damages award from that defendant instead of a reduced percentage. The amount depends on what a jury decides your pain and suffering are worth, which varies by case. Your attorney can discuss the likely range based on similar cases in South Carolina.

What happens if the defendant who owes me money cannot pay?

You can pursue collection through garnishment, liens, or other legal remedies. If the defendant has insurance, the insurance company typically pays the judgment up to the policy limit. If the defendant is judgment-proof—has no assets or income to collect from—you may not recover the full amount, though your attorney can discuss options for pursuing payment over time.

Does the Rising Tide Law apply to workers' compensation cases?

No. Workers' compensation is a separate system with its own rules and damage limits. The Rising Tide Law applies only to personal injury lawsuits filed in civil court. If you were injured at work and are considering a personal injury claim against a third party (not your employer), consult your attorney about how the law applies to that specific claim.