At VIP Marketing, we work with law firms across the country, helping them build their brands, attract new clients, and stand out in a competitive legal landscape. A big part of what we do is staying ahead of changes that impact personal injury law, insurance claims, and consumer rights. One of the biggest legal shake-ups happening right now in South Carolina is Senate Bill 244 (S.244)—a bill that could make it harder for injured individuals to receive full compensation for their losses.
But what does this bill actually do? And more importantly, who does it help—the everyday consumer, or the insurance companies?
Let’s break it down in plain English so consumers, business owners, and law firms can understand how this legislation could impact them.
What Is Senate Bill 244?
Senate Bill 244 is a tort reform bill. That means it changes the way lawsuits work—especially personal injury cases where someone is trying to recover damages after being hurt due to someone else’s negligence. The bill introduces new limits on how fault is assigned, who can be sued, and how much money can be recovered.
While lawmakers claim this bill is about fairness, it overwhelmingly benefits insurance companies and large businesses, while making it much harder for regular people to fight for justice when they’ve been wronged.
Let’s look at the key changes in the bill and why they matter.
Key Changes in S.244 (And Why They’re a Problem for Consumers)
This bill introduces several major changes that make it more difficult for injured victims to hold negligent parties accountable.
Changes to the “Comparative Fault” Rule
In personal injury lawsuits, courts currently follow a comparative fault system. This means that if you were partially at fault for your own injury, your compensation is reduced based on your percentage of fault. However, as long as you were less than 51% responsible, you could still recover damages.
What’s Changing?
- Under S.244, if you are found to be just 50% at fault, you get nothing.
- Even if you’re 49% responsible, your compensation is significantly reduced.
Who Benefits?
- Insurance companies benefit because they can argue victims share just enough fault (50%) to deny compensation altogether.
- Big businesses and corporations benefit because it lowers their legal liability.
Who Loses?
- Injured consumers who are left footing the bill for their medical expenses, lost wages, and suffering.
- Personal injury law firms fighting for their clients, as it becomes harder to win fair settlements.
Makes It Harder to Hold Multiple Defendants Accountable
Currently, South Carolina law allows joint and several liability, meaning that if multiple parties are responsible for your injury, you can collect the full amount from one defendant if others can’t pay. This ensures that victims are fully compensated, even if some responsible parties can’t afford to pay their share.
What’s Changing?
- Each defendant is only responsible for their percentage of fault.
- If one defendant is 75% at fault but can’t pay, the victim won’t be able to collect that missing portion from other liable parties.
- This shifts the financial burden onto the injured person instead of the at-fault parties.
Who Benefits?
- Insurance companies and large corporations who can afford expensive legal teams to reduce their share of liability.
- Businesses that cut corners on safety and responsibility.
Who Loses?
- Accident victims who may struggle to recover their full compensation.
- Law firms that fight for justice but see their clients left with unpaid damages.
- Harder to Sue Bars and Restaurants That Overserve Alcohol
- Under current dram shop laws, bars, restaurants, and alcohol-serving establishments can be held liable if they overserve alcohol to someone
- who later causes an accident (like a drunk driving crash).
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What’s Changing?
- The bill makes it harder to hold bars and restaurants accountable.
- Even if a bartender knowingly overserves someone, it could be much more difficult for victims to win a lawsuit.
- If a bar overserves a drunk driver, the injured victim might have a harder time recovering compensation from the business.
Who Benefits?
- Bars, restaurants, and liquor-serving establishments that don’t want to be held accountable for irresponsible service.
- Insurance companies that cover these businesses.
Who Loses?
- Innocent people injured in drunk driving accidents who may have fewer options for financial recovery.
- Lawyers representing accident victims, who now have fewer legal avenues to seek justice.
Makes It Harder for Insurance Companies to Be Held Accountable
When people file claims with insurance companies, they expect those companies to honor their policies and pay fair settlements in a timely manner. However, some insurers delay, deny, or underpay claims—forcing people to go through unnecessary legal battles.
What’s Changing?
- This bill gives insurance companies even more time to respond to claims.
- Delays in claim processing could cause financial hardship for policyholders waiting for payouts.
- If an insurance company unfairly denies a claim, victims have fewer legal options to challenge it.
Who Benefits?
- Insurance companies that profit by delaying or underpaying claims.
Who Loses?
- Consumers who could face long waiting periods to get the money they deserve.
- Lawyers who fight insurance bad faith cases, since legal options become more restricted.
Why This Bill Is a Disaster for South Carolina Consumers
While lawmakers and big business interests argue that S.244 “reduces frivolous lawsuits”, the reality is that this bill is an insurance company protection act disguised as “tort reform.”
Here’s why this bill hurts everyday people:
- It shifts the burden onto injured victims.
- If you’re in an accident, you might get nothing if the other party can shift just 50% of the blame onto you.
- It makes it harder for people to sue businesses that cut corners.
- If multiple companies or people contributed to an accident, it could be
impossible to collect full compensation.
- It protects bars and restaurants from accountability.
- If an establishment overserves a drunk driver, the victims of a DUI crash could struggle to recover damages.
- It gives insurance companies more power to delay and deny claims.
- If your insurance company lowballs you, it’ll be harder to fight back.
At VIP Marketing, we work with law firms that fight for injured clients every day. This bill makes their jobs harder and puts more power in the hands of big corporations and insurers—at the expense of consumers.
What Can You Do?
If you’re a lawyer, business owner, or concerned citizen, you can take action:
Contact your state representatives. Let them know that you oppose S.244.
Educate your clients. If you’re a personal injury lawyer, explain to potential clients why they must fight even harder for their rights.
Support law firms fighting against insurance giants. Firms that take on personal injury cases are on the front lines of protecting consumer rights.
The legal system should work for people—not just big businesses and insurance companies. If S.244 becomes law, it will tip the scales even further against the injured and in favor of the powerful.
At VIP Marketing, we stand with law firms fighting for justice and consumers who deserve fair treatment. If you need help positioning your law firm to educate clients and fight back against insurance tactics, we’re here to help.
Want to stay informed on legal trends affecting your firm? Contact us today to learn how our marketing strategies can help your practice stand out in a crowded market.
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