A Claim Against the Government
S.C. Code 15-78-110 — two years to sue the government, or three after a verified claim
Under South Carolina's Tort Claims Act, a verified claim may be filed before suing. It sets out the circumstances that brought about the loss, the extent of the loss, the time and place, the names of the persons involved if known, and the amount. A claim against the State goes to the State Fiscal Accountability Authority or the employing agency; a claim against a political subdivision goes to that subdivision; and where the right defendant is in doubt, it goes to the Attorney General.
Who handles this in South Carolina: legal aid programs, lawyer referral and the state offices, listed in the South Carolina directory.
If a claim is filed, it must be received within one year after the loss was or should have been discovered.
| Path | Suit within |
|---|---|
| PathNo claim filed first | Suit withinTwo years after the loss was or should have been discovered |
| PathA claim filed first | Suit withinThree years after the loss was or should have been discovered |
Whether a claim falls under the chapter, and what the exceptions in section 15-3-40 add, are questions for a licensed South Carolina attorney.
Sources for this section (2)
- S.C. Code 15-78-80 — Filing verified claim
- S.C. Code 15-78-110 — Limitations period
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.