South Carolina: Where It Stands Among States With Fee Caps

Personal injury contingency fees stay uncapped in South Carolina — a distinct question from the real damages cap and the 2026 liability overhaul reshaping malpractice claims.

A reasonableness-only state for fees

Compare South Carolina to a state like New York, which applies a hard statutory sliding scale to medical malpractice attorney fees specifically. South Carolina has no equivalent figure anywhere in its rules for any type of personal injury claim, including malpractice — the fee simply must be reasonable under Rule 1.5, assessed case by case.

A real damages cap, but no fee cap to match

South Carolina does cap medical malpractice noneconomic damages — $580,461 per provider for 2026. But that cap says nothing about what the attorney can charge on whatever is actually recovered. The two questions — how much the client can recover, and how much the attorney's own fee can be — are governed by entirely separate rules.

The 2026 liability changes don't touch fees either

South Carolina's 2026 overhaul of joint and several liability narrowed which defendants remain fully liable for a judgment when found less than 50% at fault. That's a question about who pays a multi-defendant judgment — it has no bearing on the Rule 1.5 reasonableness standard governing the attorney's own percentage fee.

A distinctive combination among the states

Many states that leave personal injury fees uncapped still allow some form of damages cap, at least for medical malpractice. South Carolina fits that pattern — a real malpractice damages cap paired with an uncapped, reasonableness-only approach to the attorney's own fee, applied consistently across malpractice and every other personal injury claim type.

South Carolina's fee structure — frequently asked questions

Does South Carolina cap attorney fees in medical malpractice cases the way it caps damages?

No. South Carolina caps malpractice damages but applies only the general Rule 1.5 reasonableness standard to the attorney's own fee, with no separate statutory fee schedule for malpractice specifically.

Does South Carolina's 2026 liability overhaul affect attorney fees?

No — the 2026 changes narrowed the exceptions to joint and several liability for multi-defendant claims, a question about who pays a judgment, entirely separate from the Rule 1.5 standard governing what the attorney can charge.

Is South Carolina's uncapped approach to personal injury fees typical among states?

It's one of two common approaches nationally. Many states rely on a general reasonableness standard for personal injury contingency fees, while others, particularly for medical malpractice, write a specific percentage ceiling into statute.

Does South Carolina cap damages in any type of personal injury claim, even without capping fees?

Yes — medical malpractice noneconomic damages are capped at $580,461 per provider for 2026, a separate rule from the uncapped attorney fee standard that applies regardless of claim type.

Does a malpractice damages cap affect the attorney's own fee on that portion of a claim?

No — the malpractice damages cap limits what the client can recover from the provider; the attorney's percentage fee is still governed separately by Rule 1.5, applied to whatever is actually recovered.

This page provides general guidance only and is not legal advice. Figures are based on Rule 1.5 of the South Carolina Rules of Professional Conduct and S.C. Code Ann. § 15-32-220, verified per our methodology. Confirm how current rules apply to a specific claim with a licensed attorney in the relevant state before acting.