When a government agency or employee causes harm, many people assume there is nothing they can do. In South Carolina, that is not always true. The South Carolina Tort Claims Act allows individuals to bring claims against state and local government entities when their actions lead to injury, property damage, or civil rights violations.
If you were harmed by the actions of a government employee, law enforcement agency, or public entity, understanding how this law works is the first step toward holding them accountable. The Law Office of Joshua P. Golson, LLC represents clients across South Carolina in civil rights and Tort Claims Act cases and helps them understand their legal options.
Can You Bring a Claim Against the Government in South Carolina?
South Carolina law limits when government entities can be sued, but it does not fully protect them from responsibility. The Tort Claims Act allows claims when a government employee or agency causes harm while performing official duties and a private person would be legally responsible in the same situation.
This law applies to many public entities, including:
- State agencies
- Cities and towns
- Counties
- Law enforcement departments
- Public transportation systems
- Government-run facilities
If the government’s actions caused injury or loss, the Tort Claims Act may provide a path forward.
How Civil Rights Violations Fit Into Tort Claims Act Cases
Civil rights violations often involve misuse of authority or failure to follow required procedures. These cases can overlap with Tort Claims Act claims when government actions cause real harm.
Examples may include:
- Unlawful arrest or detention
- Use of excessive force
- Failure to provide medical care while in custody
- Dangerous conditions on public property
- Negligent actions by government drivers
Not every civil rights case falls under the Tort Claims Act, but many claims against state or local entities must follow its rules.
What the South Carolina Tort Claims Act Covers
The Tort Claims Act applies when four general factors are present:
- The responsible party is a government entity or employee
- The actions occurred during official duties
- The conduct caused injury or loss
- A private person would be legally responsible under similar facts
When these conditions apply, the government may be required to pay compensation for the harm caused.
Types of Damages You May Be Able to Recover
People often ask what compensation is available under the South Carolina Tort Claims Act. While each case is different, claims may include damages for:
- Physical injuries
- Medical expenses
- Lost income
- Property damage
- Pain and emotional distress related to the injury
There are limits on how much can be recovered in Tort Claims Act cases. These caps apply even if the harm is severe, which makes proper case evaluation important early on.
Where South Carolina Tort Claims Act Cases Are Filed
Tort Claims Act cases are usually filed in South Carolina circuit court. The proper location depends on where the incident occurred or where the government entity is based.
Claims may involve local entities such as cities or counties, or statewide agencies. Identifying the correct party and filing location is part of building a valid claim.
Why Tort Claims Act Cases Are Different From Other Injury Claims
Claims against the government are not handled the same way as cases against private individuals or businesses. Government entities have added protections, damage limits, and procedural rules that do not apply in standard injury cases.
Insurance companies and government attorneys often push back hard in these claims. Having legal representation helps ensure your case is taken seriously and handled correctly from the start.
How Our Firm Approaches South Carolina Tort Claims Act Cases
The Law Office of Joshua P. Golson, LLC represents clients throughout South Carolina in civil rights and Tort Claims Act matters. Our firm focuses on careful case review, strong documentation, and clear communication with our clients.
We help by:
- Reviewing whether the Tort Claims Act applies to your situation
- Identifying the correct government entity or agency
- Handling filing requirements and deadlines
- Pursuing compensation within the limits of the law
We understand the stress that comes with being harmed by those in positions of authority. Our role is to help you understand your options and move forward with confidence.
Speak With a South Carolina Civil Rights Lawyer About the Tort Claims Act
If you believe a government agency or employee caused your injury or violated your rights, you do not have to figure this out on your own. The South Carolina Tort Claims Act exists to give people a way to seek accountability.
Contact the Law Office of Joshua P. Golson, LLC to schedule a free, no-obligation consultation. Our firm is committed to helping South Carolina residents understand their rights and pursue fair outcomes when government actions cause harm.
