Filing Deadlines in South Carolina
South Carolina sets a statute of limitations on mesothelioma lawsuits. The clock starts at diagnosis, not exposure.
Missing these deadlines can permanently bar a family's right to compensation.
When the Clock Starts
In South Carolina, the statute of limitations begins on the date of diagnosis, not the date of asbestos exposure. This is called the "discovery rule."
Mesothelioma has a latency period of 20 to 50 years. Without the discovery rule, most patients would lose their right to file before they even knew they were sick.
The clock starts when:
- A physician provides a formal mesothelioma diagnosis
- Symptoms reasonably indicated the disease was present
Personal Injury Claims in South Carolina
South Carolina allows 3 years from diagnosis to file a personal injury claim. These claims are filed by the patient and typically seek recovery for medical expenses (past and future treatment), lost wages, pain and suffering, and loss of quality of life, meaning the impact of the disease on daily activities, relationships, and ability to work.
Wrongful Death Claims in South Carolina
South Carolina allows 3 years from the date of death to file a wrongful death claim. These claims can be filed by:
- Surviving spouse
- Children (including adult children)
- Parents (in some cases)
- Estate representative
Wrongful death claims can recover compensation for:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and guidance
Asbestos Exposure Sites in South Carolina
South Carolina has 15 cities with documented asbestos exposure sites and 28 liable parties on record. Workers in these areas may have grounds for mesothelioma claims.
Select a city to view specific exposure sites, companies, and facilities with known asbestos exposure history.
South Carolina has 1 cancer centers specializing in mesothelioma treatment. For a complete list of documented asbestos exposure sites in South Carolina, see our exposure database.
Types of Compensation in South Carolina
Families in South Carolina affected by mesothelioma may qualify for multiple forms of compensation. Most cases involve a combination of trust fund claims and litigation.
Lawsuits and Settlements
Personal injury or wrongful death lawsuits can be filed against companies responsible for asbestos exposure. Most cases settle before trial, with average mesothelioma settlements ranging from amounts that vary widely by case. Total compensation can be significantly higher when combining multiple sources. South Carolina courts generally allow expedited scheduling for mesothelioma cases.
Asbestos Trust Funds
Over 60 bankruptcy trusts hold more than $30 billion for asbestos victims. These claims are separate from lawsuits and can be filed regardless of whether a company is still operating. Trust fund claims have their own deadlines and requirements.
Learn about trust fund claims →Asbestos Exposure History in South Carolina
Shipyards, textile mills, and paper mills drove the state's exposure along coastal and upstate corridors. Charleston Naval Shipyard operated for over 95 years until 1996. Workers there handled toxic asbestos insulation during shipbuilding and repairs. Detyens Shipyards posed similar risks.
Textile facilities like Milliken Mills, Regal Textiles, and Rock Hill Printing and Finishing Plant used asbestos in machinery, pipes, gaskets, and nylon production. Paper mills like South Carolina Industries insulated high-heat equipment with it, releasing airborne fibers as materials aged.
Patterson Vermiculite Company and W.R. Grace mined vermiculite in the northwest. Local deposits and shipments from Libby, Montana carried asbestos contamination. Other sites include Lee Steam Plant, Monsanto Chemical Plant, and Oconee Nuclear Plant. The state has 18 documented sites across five cities in five counties.
Fort Jackson military base in the Columbia area used asbestos in over 2,000 buildings, including barracks and hospitals, from 1917 onward. Insulators, machinists, electricians, plumbers, textile operators, paper mill employees, miners, and their families were all at risk.
Charleston County recorded nearly double the state mesothelioma death rate in 2015. Statewide, 613 mesothelioma deaths and 198 asbestosis fatalities occurred from 1999 to 2017. A 1978 South Carolina court ruling confirmed manufacturer liability for concealing risks.
Choosing a South Carolina Mesothelioma Lawyer
Mesothelioma litigation is a focused practice area. Not every personal injury attorney has the exposure databases, product identification resources, or trial experience these cases require. Our guide to choosing a mesothelioma law firm covers this in detail.
A few things to look at when narrowing a shortlist. Attorneys who concentrate on mesothelioma and asbestos cases typically maintain databases of products, manufacturers, and job sites that most general personal injury firms don't have. A firm's past settlements and verdicts in asbestos cases say more about depth than general trial experience. Familiarity with South Carolina procedures, judges, and filing requirements shortens the learning curve, especially in an expedited docket. And most mesothelioma attorneys work on contingency, so the family pays nothing unless compensation is recovered.
Learn more about mesothelioma lawyer costs and how contingency fees work.
This information is for educational purposes only and should not be considered legal advice. Every case is different. Consult with a qualified attorney to understand your specific legal options.