South Carolina: Should You Accept the First Offer Made?

A 2026 overhaul of joint and several liability changes who can realistically be pursued for a full judgment — worth understanding in any multi-defendant claim.

Why the first number is rarely the real number

Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.

A real, dated change to joint liability

A tort reform law South Carolina's governor signed in May 2025, effective for claims arising on or after January 1, 2026, narrowed the exceptions that keep a defendant under 50% at fault fully liable for the entire judgment. Gross negligence and alcohol-related conduct no longer trigger full joint and several liability on their own — only willful, wanton, or intentional conduct, or conduct involving illegal drugs, now does.

Why this matters for collecting on a judgment

In a claim involving more than one defendant, a party bearing a smaller share of fault may now be liable only for their own percentage, rather than the whole award, unless their specific conduct falls within the narrower set of remaining exceptions. This can change how realistic it is to collect the full value of a claim from a particular defendant, especially one with limited insurance or assets.

The 50%-or-more threshold is unchanged

None of this affects a defendant found 50% or more at fault — that defendant remains jointly and severally liable for the full judgment regardless of the 2026 changes, which narrowed only the separate exceptions applying to defendants under that threshold.

The baseline still applies

None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.

Accepting the first offer — frequently asked questions

Why is the insurer's first offer in South Carolina usually low?

Insurance adjusters routinely open with a conservative figure, expecting negotiation. Accepting that first offer typically closes the claim permanently, with no ability to ask for more later even if additional injuries surface.

What changed about joint and several liability in South Carolina for 2026?

A defendant found less than 50% at fault is no longer automatically on the hook for the full judgment just because their conduct was grossly negligent or alcohol-related — only willful, wanton, or intentional conduct, or drug-related conduct, now preserves that full exposure.

Why does this change matter when multiple defendants are involved?

A defendant bearing a smaller share of fault may now be liable only for their own percentage rather than the whole judgment, unless their conduct falls within the narrower remaining exceptions — which can affect how collectible a claim against a particular defendant actually is.

Does a defendant at 50% fault or more still face full liability in South Carolina?

Yes — a defendant found 50% or more at fault remains jointly and severally liable for the full judgment regardless of the 2026 changes, which affected only the exceptions for defendants under that threshold.

What should you do before responding to a first offer in South Carolina?

Compare it against a documented estimate of your full economic and non-economic damages before accepting or countering, since the offer closes the claim permanently once accepted.

This page provides general guidance only and is not legal advice. Figures are based on South Carolina's 2025 Tort Reform and Liquor Liability Act (effective January 1, 2026) and S.C. Code Ann. § 15-38-15, verified per our methodology. Confirm with a licensed South Carolina attorney before acting.