South Carolina Verified Claim for Damages

Introduction

Key Things to Know

1. 1

   The claim is optional. Filing it is not a prerequisite to suit (S.C. Code 15-78-90(b)). Whether or not the claim is filed, the claimant is entitled to institute an action against the appropriate agency or political subdivision.

2. 2

   The deadlines are strict. If a claim is filed, it must be received within 1 year after the loss was or should have been discovered (15-78-80). Suit must be brought within 2 years after the loss was or should have been discovered, extended to 3 years if a claim was first filed (15-78-110). Reading the Act or contacting the entity's claims office confirms the current rule.

3. 3

   The same Act covers state agencies and political subdivisions. The claim may be received by the State Fiscal Accountability Authority or the appropriate agency or political subdivision. If the proper defendant is in doubt, it may be filed with the Attorney General (15-78-80(a)(3)).

4. 4

   Each agency and political subdivision must designate an employee or office to accept the filing of claims. Filing may be accomplished by receipt of certified mailing of the claim or by compliance with the law on service of process.

5. 5

   The claim must be verified. It sets forth the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, and the amount of the loss sustained.

6. 6

   The agency or political subdivision has 180 days from the date of filing to act. Failure to notify the claimant of action within 180 days is considered a disallowance (15-78-80(e)). If a claim was filed, suit may not start until the earliest of 180 days after filing, disallowance, or rejection of a settlement offer (15-78-90(b)).

7. 7

   Suit is brought in circuit court in the county where the act or omission occurred (15-78-100(b)). Damages are capped at $300,000 per person and $600,000 per occurrence, or $1,200,000 for torts by government-employed licensed physicians or dentists, with no punitive damages or prejudgment interest (15-78-120).

South Carolina Requirements for Notice of Claim

• Optional Pre-Suit Claim

  S.C. Code 15-78-90(b): filing a claim is not a prerequisite to suit. Whether or not the claim is filed, the claimant is entitled to institute an action.

• One-Year Claim Window

  S.C. Code 15-78-80: if filed, the claim must be received within 1 year after the loss was or should have been discovered, for state agencies and political subdivisions alike.

• Recipient and Filing Method

  15-78-80: the State Fiscal Accountability Authority or the appropriate agency or political subdivision, through its designated employee or office; the Attorney General if the proper defendant is in doubt. Filed by receipt of certified mailing or by service of process.

• 180-Day Deemed Disallowance

  15-78-80(e): no notice of action within 180 days of filing is a disallowance. 15-78-90(b): if a claim was filed, suit waits until the earliest of 180 days, disallowance or rejection of a settlement offer.

• Suit Deadline

  15-78-110: suit within 2 years after the loss was or should have been discovered, extended to 3 years if a claim was first filed. 15-78-100(b): circuit court in the county where the act or omission occurred.

• Damages Caps

  15-78-120: $300,000 per person and $600,000 per occurrence; $1,200,000 for torts by government-employed licensed physicians or dentists. No punitive or exemplary damages or prejudgment interest.

• Verified Contents

  Verify the claim and state the circumstances of the loss, its extent, the time and place, the names of all persons involved if known, and the amount of the loss sustained.

• Delivery Record

  Record the office that received the claim, the filing date and the method, with the certified mail article number or proof of service.