Deciding to take someone to court is never simple. Beyond the emotional energy and time a lawsuit demands, one of the first questions most people ask is how much it will cost. The truth is, the cost of suing someone in South Carolina depends on several factors, from attorney fees and filing costs to expert witnesses and court expenses.
Understanding what goes into those costs can help you make an informed decision about your case and whether filing a lawsuit is the right move.
Typical Legal Fees and Payment Structures
Most South Carolina personal injury lawyers use a contingency fee arrangement, meaning your attorney only gets paid if they successfully recover compensation for you through a settlement or verdict.
Instead of charging hourly, your lawyer receives a percentage of your recovery, typically between 33% and 40%, depending on case complexity and whether the case goes to trial. Settling before filing a lawsuit usually falls at the lower end, while cases that proceed to trial or appeal often reach the higher end.
This system makes justice more accessible because you can pursue a claim without paying upfront legal fees.
What Are the Filing Fees?
A filing fee is the amount you must pay to officially start a lawsuit in court. The South Carolina Judicial Department sets the fee for a new personal injury or civil case at $150.00. Each extra written motion (like a request to the judge) costs $25.00.
Can’t pay the $150.00? You still have a way forward. You can ask the court to waive the fee by submitting a Motion and Affidavit to Proceed in Forma Pauperis. This is a sworn statement saying you truly cannot afford the cost. The judge will review it and decide whether to let you file for free.
By filing this motion under Rule 3(b) of the South Carolina Rules of Civil Procedure, you are swearing under oath that there is no way possible for you to be able to afford the payment of the initial filing fee.
When and How Lawyer Fees Are Paid
How and when you pay your lawyer depends on your specific fee agreement.
Contingency cases
You pay nothing up front. The attorney’s fee is deducted from your settlement or judgment once your case concludes.
Hourly or flat-fee cases
You may pay a retainer fee upfront, with additional costs billed monthly or as the case progresses.
Reimbursement of expenses
Even in contingency cases, you may still be responsible for court filing fees or expert witness costs. Many attorneys cover these costs initially and deduct them from your final recovery.
Always ensure your written fee agreement clearly explains how legal fees and case expenses will be handled.
Potential Compensation You May Recover in a Lawsuit
While lawsuits can be expensive, the potential compensation may far outweigh the costs, especially if you’ve suffered serious injury, financial loss, or emotional harm.
Depending on your case, you may be eligible to recover:
- Medical bills and treatment costs
- Lost wages or future earning capacity
- Property damage
- Pain and suffering
- Punitive damages, in cases involving willful, wanton, reckless, or malicious conduct
South Carolina law allows recovery for economic and non-economic damages in personal injury cases.
In medical malpractice claims only, S.C. Code § 15-32-220:
- Caps non-economic damages at $350,000 per health care provider or institution.
- Imposes a total cap where multiple defendants are involved of $1.05 million per claimant.
- Provides for Annual CPI adjustment applies.
- Provides no cap on non-economic damages if gross negligence, willful/wanton/reckless conduct, fraud, or record destruction.
Economic damages and punitive damages have no cap. Your attorney can help estimate your claim’s value and decide if pursuing it makes sense.
Alternatives to Filing a Lawsuit in South Carolina
Sometimes, disputes can be resolved outside of court, saving time, money, and stress. Common alternatives include:
Mediation
A neutral third party helps both sides negotiate a voluntary agreement.
Arbitration
A more formal process where an arbitrator hears both sides and issues a binding decision.
Negotiation
Direct discussions between the parties or through their lawyers to reach a private settlement.
These methods can help you avoid costly court battles while still achieving a fair resolution.
What to Do If Someone Is Suing You
Being served with a lawsuit can be stressful, but it’s critical to act quickly. Ignoring legal papers can lead to a default judgment against you.
If someone sues you in South Carolina:
- Read the complaint carefully to understand the allegations.
- Contact an attorney immediately to discuss your defense options.
- Avoid contacting the other party directly or posting about the case online.
- Gather evidence and documents to assist your lawyer in preparing your response.
You typically have a limited time, often 30 days, to respond to a lawsuit in South Carolina. Failing to respond in time could result in the court automatically ruling against you.
Talk to Our South Carolina Attorneys About Your Case
Suing someone or being sued can feel overwhelming. At Stewart Law Offices, we make the process manageable. Our experienced South Carolina attorneys offer free consultations, work on a contingency fee basis, and fight for the compensation you deserve.
Call us today or contact us online to discuss your case. Whether you’re considering legal action or responding to a lawsuit, we’re here to protect your rights and guide you every step of the way.
