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.