STATE OF SOUTH CAROLINA

IN THE COURT OF COMMON PLEAS

[___] JUDICIAL CIRCUIT

COUNTY OF [COUNTY]

[PLAINTIFF FULL LEGAL NAME],

Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME(S)],

Defendant(s).

Civil Action No.: [_____]

COMPLAINT

(Motor-Vehicle Negligence – Personal Injury)
JURY TRIAL DEMANDED

[// GUIDANCE: Insert the correct county, proper party names exactly as they appear on driver’s license, police report, or corporate records, and obtain a civil action number from the Clerk of Court.]

TABLE OF CONTENTS

1. Preliminary Statement............................................................... ¶ 1
2. Parties......................................................................................... ¶ 2-3
3. Jurisdiction and Venue........................................................... ¶ 4-6
4. Factual Allegations................................................................ ¶ 7-18
5. Causes of Action
   A. Negligence........................................................................ ¶ 19-26
   B. Negligence Per Se (Optional)........................................ ¶ 27-30
6. Damages.................................................................................. ¶ 31-40
7. Reservation as to Comparative Fault................................ ¶ 41
8. Prayer for Relief..................................................................... ¶ 42
9. Jury Demand............................................................................. ¶ 43
10. Verification (Optional)
11. Certificate of Service

I. PRELIMINARY STATEMENT

1. This civil action arises out of a motor-vehicle collision that occurred on [DATE] at or near [LOCATION], South Carolina, resulting in serious personal injuries and damages to Plaintiff.

II. PARTIES

2. Plaintiff [PLAINTIFF] is a resident and citizen of [COUNTY], South Carolina, and was so at all times relevant.
3. Defendant [DEFENDANT] is a resident/corporation of [COUNTY/STATE] and may be served at [ADDRESS].
   [// GUIDANCE: For corporate defendants, include registered agent information per S.C. Code Ann. § 15-9-210.]

III. JURISDICTION & VENUE

4. This Court has subject-matter jurisdiction pursuant to S.C. Code Ann. § 14-5-10 and South Carolina Constitution art. V, § 11.
5. Personal jurisdiction is proper because Defendant resides in—and/or committed the tortious conduct within—the State of South Carolina.
6. Venue lies in this County under S.C. Code Ann. § 15-7-30 because (i) Defendant resides here, and/or (ii) the accident occurred here.

IV. FACTUAL ALLEGATIONS

7. On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] travelling [DIRECTION] on [ROAD].
8. At the same time, Defendant was operating a [YEAR/MAKE/MODEL] travelling [DIRECTION] on [ROAD].
9. Defendant failed to keep a proper lookout, drove too fast for conditions, and violated applicable traffic laws, including but not limited to [SPECIFIC STATUTE OR ORDINANCE].
10. [Describe collision sequence.]
11. The South Carolina Highway Patrol investigated and cited Defendant for [VIOLATION] under S.C. Code Ann. § [___].
    12-18. [Add additional facts: weather, traffic controls, injuries, vehicle damage, medical treatment, lost wages.]

V. CAUSES OF ACTION

A. Negligence

19. Plaintiff realleges ¶¶ 1-18.
20. Defendant owed a duty of reasonable care to all motorists, including Plaintiff.
21. Defendant breached that duty by, inter alia:
    a. Failing to maintain proper control;
    b. Driving at an unsafe speed;
    c. Disregarding traffic signals/signs;
    d. Failing to yield the right-of-way.
22. Defendant’s breach proximately caused Plaintiff’s injuries.
23. Plaintiff suffered past and future medical expenses, lost earnings, physical impairment, pain, suffering, mental anguish, and loss of enjoyment of life.
24. Under South Carolina’s modified comparative negligence statute, S.C. Code Ann. § 15-38-15, Plaintiff’s recovery is barred only if Plaintiff’s fault exceeds 50 percent.
25. Plaintiff was exercising reasonable care and was less than 51 percent at fault.
26. Accordingly, Plaintiff is entitled to recover actual and punitive damages.

B. Negligence Per Se (Optional)

27. Plaintiff realleges ¶¶ 1-18.
28. Defendant violated S.C. Code Ann. § [RELEVANT TRAFFIC STATUTE] designed to prevent accidents of the type at issue.
29. Such violation constitutes negligence per se under South Carolina law.
30. Plaintiff is therefore entitled to damages as set forth below.

VI. DAMAGES

31. Economic Damages (Past & Future):
    a. Medical expenses — $[ESTIMATE]
    b. Lost wages/Loss of earning capacity — $[ESTIMATE]
32. Non-Economic Damages:
    a. Physical pain and suffering;
    b. Mental anguish/emotional distress;
    c. Loss of enjoyment of life.
33. Punitive Damages: Defendant’s conduct was willful, wanton, or reckless, warranting punitive damages pursuant to S.C. Code Ann. § 15-32-530, subject to the statutory cap of the greater of three times actual damages or $500,000, unless an exception applies.
    34-39. [Add property damage, mileage, life-care plan, etc.]
34. Plaintiff seeks pre-judgment interest where allowed and post-judgment interest pursuant to S.C. law.

VII. RESERVATION AS TO COMPARATIVE FAULT

41. Plaintiff denies any negligence but pleads, in the alternative, that if Plaintiff is found comparatively negligent, recovery shall be reduced, not barred, consistent with S.C. Code Ann. § 15-38-15.

VIII. PRAYER FOR RELIEF

42. WHEREFORE, Plaintiff respectfully requests:
    a. Judgment against Defendant for actual damages in an amount to be determined by the trier of fact;
    b. Punitive damages as allowed by law;
    c. Costs of this action, including reasonable attorney’s fees where permissible;
    d. Such other and further relief as this Court deems just and proper.

IX. JURY DEMAND

43. Plaintiff demands a trial by jury on all issues so triable as a matter of right under the South Carolina Constitution and Rule 38, SCRCP.

X. VERIFICATION (Optional)

text
STATE OF SOUTH CAROLINA )
COUNTY OF [____] )

The undersigned, being duly sworn, deposes and says: I am the Plaintiff in the foregoing Complaint; I have read the Complaint; and the factual allegations are true and correct to the best of my knowledge, information, and belief.

_____ Date: _______
[PLAINTIFF NAME]

Sworn to before me this _ day of _, 20__.

Notary Public for South Carolina
My Commission Expires: _
[// GUIDANCE: Verification is not required in ordinary tort actions but may expedite insurance evaluation or comply with local judge’s preferences.]

XI. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of ____, 20__, I served the foregoing Complaint on counsel/party for Defendant by [method: hand-delivery, certified mail, electronic service pursuant to E-Filing Policies].

[ATTORNEY NAME], S.C. Bar No. [____]
Attorney for Plaintiff
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

text
DATED: ___, 20

[ATTORNEY NAME], S.C. Bar No. [_]
[FIRM NAME]
[STREET ADDRESS]
[CITY], SC [ZIP]
Tel: [] Fax: []
Email: [_]
Attorney for Plaintiff
[// GUIDANCE: Confirm compliance with South Carolina Electronic Filing System (EFS) formatting, if used.]

KEY SOUTH CAROLINA PRACTICE NOTES

• Statute of Limitations: 3 years from the date of accident (S.C. Code Ann. § 15-3-530(5)).
• Punitive Damages Cap: S.C. Code Ann. § 15-32-530 — ensure Complaint alleges “willful, wanton, or reckless disregard” to preserve claim.
• Comparative Negligence: Recovery barred only if Plaintiff >50% at fault (S.C. Code Ann. § 15-38-15).
• If a governmental entity or employee is a defendant, South Carolina Tort Claims Act caps damages at $300,000 per person/$600,000 per occurrence, and punitive damages are barred (S.C. Code Ann. § 15-78-120).

[// GUIDANCE:
1. Attach civil cover sheet (SCCA/516) and filing fee.
2. Serve the Summons & Complaint within 120 days under Rule 4(c), SCRCP.
3. Consider early Rule 26(f) conference and mediation requirements per ADR Rule 3.
4. Preserve EDR (Event Data Recorder) and dash-cam evidence via spoliation letter immediately.
5. Evaluate UM/UIM carriers for potential John Doe or “Doe Corporation” service if liability is uncertain.
]