South Carolina Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the naval shipyards of Charleston to the textile mills of Greenville and Spartanburg, and the chemical plants throughout the Palmetto State, South Carolina's industrial legacy created widespread asbestos exposure across the South. Our comprehensive database documents 1,294 asbestos exposure sites across 227 South Carolina communities—from the Charleston Naval Shipyard that built warships to the textile mills and manufacturing facilities that powered the state's economy.

South Carolina offers strong legal protections for mesothelioma families. The state follows a discovery rule that protects victims of diseases with long latency periods, has no statutory caps on noneconomic damages, and provides modified joint and several liability—meaning you can collect full compensation from any defendant found more than 50% at fault. South Carolina's courts consistently recognize both workplace exposure and punitive damage claims.

Time is critical. South Carolina's three-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both South Carolina's diverse industrial legacy and its favorable legal environment.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

South Carolina Asbestos Law Summary

South Carolina Asbestos Law Details

South Carolina asbestos lawsuits are governed by a discovery-based statute of limitations, a modified joint liability system, and comparative fault rules that allow recovery as long as the defendant is more at fault than the plaintiff. The state permits both wrongful death and survival actions, with no caps on compensatory or punitive damages in asbestos cases. While the Workers’ Compensation Act typically bars lawsuits against employers, third-party claims remain viable. South Carolina follows the Daubert standard for expert testimony, and the collateral source rule preserves the right to recover full medical costs regardless of insurance payments.

Statutes of Limitation and Repose

South Carolina applies a three-year statute of limitations to personal injury and wrongful death claims, including those related to asbestos exposure (S.C. Code Ann. § 15-3-530(5)). However, the state recognizes the discovery rule, which means the three-year period begins when the injured person knew or should have known that they were harmed and that asbestos exposure was the likely cause.

For personal injury claims, this usually means the limitations period begins at the time of diagnosis by a competent medical authority.

Wrongful death claims must be brought within three years of the decedent’s death, although courts may apply the discovery rule in cases where the asbestos link was not immediately apparent (S.C. Code Ann. § 15-51-10 et seq.).

South Carolina also has an eight-year statute of repose for improvements to real property (S.C. Code Ann. § 15-3-640), but this does not apply to asbestos claims, which are governed by product liability law and discovery-based accrual (see Ocean Winds Council of Co-Owners, Inc. v. Lane, 556 S.E.2d 377 (S.C. 2001)).

Eligibility to Sue

Individuals diagnosed with mesothelioma or another asbestos-related disease may bring a personal injury claim. After death, the personal representative of the estate may file a wrongful death action for the benefit of surviving family members (S.C. Code Ann. § 15-51-10). The estate may also bring a survival action for damages the decedent could have recovered before death (S.C. Code Ann. § 15-5-90).

Workers’ Compensation Limitations

Under South Carolina’s Workers’ Compensation Act, employees are generally barred from suing their employer for injuries “arising out of and in the course of employment” (S.C. Code Ann. § 42-1-540).

However, lawsuits are still permitted against third parties, such as:

• Asbestos manufacturers,

• Premises owners, or

• Contractors who exposed workers to asbestos.

If an employer fails to carry required workers’ compensation insurance, the exclusivity bar does not apply (S.C. Code Ann. § 42-5-40).

The employer or carrier may assert a subrogation lien against third-party recoveries for benefits previously paid (S.C. Code Ann. § 42-1-560(b)).

Damages and Caps

Economic Damages: Fully recoverable, including medical expenses, lost income, and future care. South Carolina does not limit recovery to amounts paid (no equivalent to a Moorhead-type rule).

Noneconomic Damages: Recoverable without cap in asbestos-related personal injury and wrongful death actions. The $350,000 cap in medical malpractice cases does not apply here (S.C. Code Ann. § 15-32-220(A)).

Loss of Consortium: Permitted in personal injury and wrongful death actions under common law.

Punitive Damages: Available where the plaintiff proves willful, wanton, or reckless conduct by clear and convincing evidence (S.C. Code Ann. § 15-32-520).

• Default cap: 3x compensatory damages or $500,000, whichever is greater.

• No cap applies if the defendant was convicted of a felony or acted with intent to harm (S.C. Code Ann. § 15-32-530(C)).

Comparative Fault and Joint Liability

South Carolina follows a modified comparative negligence rule. Plaintiffs may recover damages if their share of fault is less than the defendant’s (S.C. Code Ann. § 15-38-15(A)). If the plaintiff is found equally or more at fault, they cannot recover.

South Carolina also follows a modified joint and several liability system:

• Each defendant is liable only for their percentage of fault—unless a defendant is found to be more than 50% at fault, in which case joint and several liability applies (S.C. Code Ann. § 15-38-15(C)).

This system ensures that defendants who bear the majority of blame can be held responsible for the full damages if other parties are insolvent or absent.

Collateral Source Rule

South Carolina follows the traditional collateral source rule, meaning that compensation from insurance or other outside sources does not reduce the amount a defendant must pay (see Citadel Holding Corp. v. Roven, 601 S.E.2d 554 (S.C. 2004)).

This rule protects plaintiffs from being penalized for having insurance coverage or other benefits.

Standards of Proof and Causation

To succeed in an asbestos case, the plaintiff must prove that the defendant’s product was a proximate cause of the illness. South Carolina courts apply a “frequency, regularity, and proximity” test similar to that adopted in Lohrmann v. Pittsburgh Corning Corp. (4th Cir. 1986), requiring specific evidence that:

• The plaintiff was exposed to asbestos-containing products made or sold by the defendant,

• The exposure was frequent and sustained, and

• The exposure occurred close enough in time and location to be considered a contributing factor.

Expert Testimony: Required in most asbestos cases to establish causation and medical diagnosis. South Carolina follows the Daubert standard (Rule 702, S.C. R. Evid.), as adopted in State v. Council, 515 S.E.2d 508 (S.C. 1999). The trial judge serves as gatekeeper, evaluating whether expert methods are reliable and properly applied.

Wrongful Death and Survival Actions

South Carolina allows both types of claims to be filed by the decedent’s personal representative:

• Wrongful Death: Benefits surviving family members. Recoverable damages include funeral expenses, loss of financial support, and loss of companionship (S.C. Code Ann. § 15-51-10 et seq.).

• Survival Actions: Belong to the estate and recover damages for pain and suffering, medical expenses, and lost wages incurred prior to death (S.C. Code Ann. § 15-5-90).

Punitive damages may be awarded in both wrongful death and survival claims when the defendant’s conduct meets the applicable standard.

How South Carolina’s Laws Work in Practice

Meet Leon, a 70-year-old retired textile plant worker from Spartanburg. From the late 1970s through the mid-1990s, Leon maintained industrial boilers, motors, and steam pipes, all of which were insulated with asbestos materials. In July 2024, Leon was diagnosed with peritoneal mesothelioma after experiencing months of abdominal pain and fluid buildup.

Because South Carolina follows the discovery rule, Leon’s three-year statute of limitations began in July 2024—when he first learned that his illness was likely caused by asbestos exposure—not when the exposure occurred decades ago (S.C. Code Ann. § 15-3-530(5)). He has until July 2027 to file a personal injury lawsuit.

If Leon were to pass away before filing suit, his family could bring both a wrongful death and a survival action. The wrongful death claim would compensate his wife and children for the loss of his financial support and companionship. The survival action would seek damages for the pain, suffering, and medical expenses Leon endured before death.

Leon cannot sue his former employer due to South Carolina’s workers’ compensation bar, but he can sue third-party manufacturers of asbestos products and potentially the plant’s premises owner. If any workers’ comp benefits were paid, the employer’s insurer could assert a lien on part of the recovery (S.C. Code Ann. § 42-1-560(b)).

If Leon proves that the asbestos companies acted with willful or reckless disregard for safety, he may be eligible for punitive damages. South Carolina permits punitive awards capped at three times the compensatory damages or $500,000—unless the defendant acted intentionally or committed a felony, in which case no cap applies (S.C. Code Ann. § 15-32-530(C)).

Under the state’s comparative fault rule, Leon can recover damages as long as he is less than 50% at fault. If the jury finds that he failed to follow safety instructions but was still less at fault than the defendants, his award will simply be reduced by his percentage of responsibility (S.C. Code Ann. § 15-38-15(A)).

When multiple defendants are involved, South Carolina’s modified joint and several liability rules come into play. If one company is found to be more than 50% at fault, Leon may be able to recover the full judgment from that party (S.C. Code Ann. § 15-38-15(C)). That defendant can then pursue contribution from others.

To win, Leon’s legal team must present expert testimony linking his asbestos exposure to his mesothelioma. South Carolina follows the Daubert standard, meaning the judge must be satisfied that the expert’s opinions are based on scientifically reliable methods and are properly applied (State v. Council, 515 S.E.2d 508).

This is a hypothetical example based on real South Carolina laws. Every case is unique. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how South Carolina law may apply to your situation.

Why Choose Our Firm to Handle Your Family's South Carolina Mesothelioma Case?

Our proprietary database contains detailed records of 1,294 asbestos exposure sites across 227 South Carolina communities—from Charleston's massive naval shipyard to textile mills throughout the upstate and chemical facilities across the state. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your South Carolina family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

South Carolina Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your South Carolina family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our South Carolina database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Charleston's Naval Shipyard construction to textile manufacturing throughout the upstate.

For example, if you worked at facilities where our database shows Quigley products were installed—which we've documented at numerous South Carolina naval facilities, textile mills, and industrial manufacturing sites—we can file your Quigley trust claim immediately. While other firms would spend months investigating whether Quigley products were present at your workplace, we've already done that detective work. We can potentially recover $184,000 to $450,000 for mesothelioma cases depending on exposure level and diagnosis.

Asbestos Lawsuits

You can hold companies accountable through South Carolina's favorable court system. Our database strengthens your case with documented evidence and court precedents from South Carolina worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Charleston's Naval Shipyard and textile mills throughout the state.

Our database contains detailed records from South Carolina's unique industrial sites, including testimony about which defendants' products were used in naval construction, textile manufacturing, and chemical processing. This gives us crucial evidence about product failures and safety violations specific to South Carolina's diverse industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. South Carolina's extensive naval and military history means many residents have potential VA claims from service at Charleston's naval facilities or work on defense projects.

Our military records are especially valuable for veterans who served at South Carolina's naval facilities or worked on defense projects throughout the state, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your South Carolina Mesothelioma Case?

Whether you were exposed to asbestos at Charleston's Naval Shipyard, textile mills in Greenville or Spartanburg, DuPont facilities in Florence or Camden, or any of South Carolina's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in South Carolina:

• Three-year filing deadline from diagnosis under South Carolina's discovery rule

• Multiple trust claims may be available beyond your lawsuit

• No caps on noneconomic damages in South Carolina

• Modified joint and several liability for major defendants (50%+ fault) means maximum recovery potential

What We'll Do for Your South Carolina Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of South Carolina exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of South Carolina's joint and several liability rules to maximize recovery from major defendants

• Expert navigation of workers' compensation issues and textile/naval facility exposure claims recognized in South Carolina

Get started today. Our South Carolina mesothelioma team understands the unique industrial legacy of the Palmetto State and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS