South Carolina’s legal landscape is at a critical crossroad as lawmakers push for meaningful tort reform in response to the state’s concerning “judicial hellhole” ranking, which places them as the third-worst state in the country. The American Tort Reform Association (ATRA) has spotlighted the Palmetto State’s ongoing legal challenges, including anti-competitive litigation practices, which are driving up costs for families and businesses alike.
South Carolina families are already paying a significant price, with an annual “tort tax” of $3,544 — a 33% increase in just three years. This is leading to higher prices for every consumer in the state. With reform bills like S. 244 and H. 3849 on the table, the battle is on to curb the influence of powerful trial lawyers and restore fairness to South Carolina’s legal system.
According to ATRA, South Carolina families pay an annual “tort tax” of $3,544 – which is up 33% from just three years ago, per its November 2024 report (.pdf). Earlier this month, Palmetto Promise – a Columbia, S.C.-based conservative advocacy organization – released a separate study which found the average South Carolina family paid an annual “lawsuit tax” of $3,181.
The pending legislation to tackle this persistent problem for South Carolina’s residents received praise from groups like the ATRA:
“ATRA praised lawmakers who were on board with S. 244 and H. 3849 – companion pieces of legislation which would level the playing field and provide relief to numerous beleaguered industries. ‘These changes would create a more fair and balanced legal system for all South Carolinians,’ ATRA president Tiger Joyce said. ‘We’re encouraged to see lawmakers recognize the need for reforms and urge the Senate to prioritize this commonsense bill.’”
The influence of personal injury lawyers has distorted the justice system to the point where it no longer serves the best interests of the South Carolina consumers. This issue goes beyond high-profile cases, with a broader impact that raises the stakes for everyone.
As previously reported, much of the anti-competitiveness impacting South Carolina stems from the erstwhile ‘Murdaugh playground,’ a clique of corrupt Lowcountry lawyers who basically turned Interstate 95 into their personal piggy bank for decades. These lawyers have made fortunes off of system which holds that a party determined to be 1% responsible for an accident can be held 100% liable for damages – an inherently unfair dynamic which leads to grossly inequitable judgments against the defendants with the deepest pockets.