The Explainer: Collateral Source Rule in South Carolina

In South Carolina, the Collateral Source Rule provides that compensation received by an injured party from a source wholly independent of the wrongdoer will not reduce the amount of damages owed by the wrongdoer. In other words, under the Collateral Source Rule, if an injured plaintiff receives compensation for his injuries from a source wholly independent of the defendant, the payment should not be deducted from the damages which he would otherwise collect from the defendant. A defendant is not entitled to have the damages for which the defendant is liable reduced by proving the plaintiff has received or will receive compensation or indemnity for the loss from a collateral source, wholly independent of the defendant. A defendant may not benefit from the fact that the plaintiff has received money from other sources as a result of the defendant’s wrongful conduct.

The preceding does not constitute legal advice. Consult counsel in your jurisdiction for advice regarding this subject matter.

About Christian Stegmaier
Senior Shareholder

Christian Stegmaier is a shareholder and chair of the Retail & Hospitality Practice Group at Collins & Lacy in Columbia. He is also active in the firm’s professional liability and appellate practices. Stegmaier welcomes your questions at (803) 255-0454 or cstegmaier@collinsandlacy.com.