About South Carolina’s Proposed Tort Reform: What Bill S.244 Means for You

South Carolina residents should understand the dangers of the proposed tort reform bill, Bill S.244, which threatens to weaken liability laws and devastate small businesses and families like yours. The bill, if passed, stands to limit individuals who are pursuing civil lawsuits, and could negatively affect victims of government corruption, injured workers, disaster victims, patients harmed by medical negligence, homeowners with defective construction, and shield insurance companies and corporations from responsibility.

The bill’s supporters claim these changes will lower insurance rates, but critics warn that it will allow insurers to deny claims more easily and prolong legal battles.

Here are some of the changes Bill S.244 seeks to introduce and how these changes will impact South Carolina residents like you:

Introducing Comparative Fault

The tort reform bill aims to change how fault is assigned in South Carolina and even shifts fault to injured parties in certain cases. The following are some of the proposed revisions:

• Bill S.244 would permit juries to apportion fault between the claimant and a number of potential tortfeasors, whether they are parties to the action or not. Currently, only named defendants appear on South Carolina jury verdict forms. 
• A defendant in a civil trial would no longer be required to pay the full compensation, but would instead be held responsible for only their percentage of the total damages, potentially leaving the plaintiff without a full recovery.

Complicating Insurance Claims

The proposed bill makes it harder for people suffering losses to recover damages through insurance providers. It also extends the timeline for claim responses, delaying individuals’ access to resources needed for medical bills, property damage, and other related expenses. Bill S.244 complicates filings for personal injuries, wrongful deaths, defective products, and other claims by:

• Giving insurance companies three months to decide if they’ll pay a claim, even if there is no question that money is owed; if someone is forced to sue for retribution, S.244 gives insurers an additional 10 months to decide a course of action. 
• Removing coverage for punitive damage from incidents with uninsured and underinsured motorists, leaving someone harmed by a hit-and-run accident or reckless drunk driving crash without appropriate relief. 
• Introducing strict requirements for policyholders suing insurers for bad faith practices, allowing insurance companies to escape accountability for unfair treatment.

If passed, Bill S.244 would drastically change the way South Carolina courts have operated for years. The tort reform bill is set to be debated on the Senate floor the first week of March, and we’re monitoring the progress closely, as it could have significant implications for our practice and the rights of South Carolinians.