People's Justice

South Carolina · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in South Carolina

See If You Qualify

Free · No obligation · About 2 minutes

Filing deadlineAge 19 for surviving minor's personal injury claim; 3 years from death for wrongful deathSC Code § 15-3-530

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in South Carolina?

South Carolina personal injury SOL: 3 years (SC Code § 15-3-530). Minor tolling: SOL tolled during minority, but for no more than 1 year after age 18 — child's claim expires at age 19 (SC Code § 15-3-40). Wrongful death: 3 years from death (SC Code § 15-3-530(6)). A lawyer can confirm yours.

Age 19 for surviving minor's personal injury claim; 3 years from death for wrongful death

Modified comparative fault — 51% bar (SC Code § 15-38-15). South Carolina does not cap compensatory damages in product liability cases.

Source: SC Code § 15-3-530

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

Woman on the phone on her sofa, smiling
A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

South Carolina's 3-year personal injury SOL is tolled for minors, but for no more than 1 year after age 18 — surviving NEC children have until age 19 to file. South Carolina follows modified comparative fault (51% bar) and has a high premature birth rate. MUSC Children's Health in Charleston operates a major NICU. South Carolina product liability law supports both strict liability and failure-to-warn theories.

Medical facilities in South Carolina

  • MUSC Children's Health — NICU (Level III/IV)

  • Prisma Health Children's Hospital — NICU (Level III)

How this works nationally

For the overall process and updates, read the NEC baby formula claims: what parents can do overview. This page covers the local information available for South Carolina.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in South Carolina? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

Register your interest

Sources

  1. SC Code § 15-3-530