July 5, 2007
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What is the Maximum on Tort Claims Act Cases?

If you practice in South Carolina, you know that State Tort Claims Act cases have a cap of $300,000. But is that the most you can get?

  • Two caps apply to the wrongful death and survival claims. Look
    at Smalls v. SC Dept Ed., 339 SC 208 (Ct. App. 2000); Baker v. Sanders, 301 SC 170 (1990), and Wright v. Colleton County Sch. Dist., 310 SC 282 (1990).
  • Loss of Consortium is also not considered a derivative claim. Loss of consortium is a separate claim that gets a separate cap.

Thanks to Mark Tinsley of Gooding and Gooding, in Allendale for the heads up on this.

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