The statute of limitations for personal injury cases in South Carolina is usually three years from the date of the injury. This means you have three years to file your lawsuit for injuries suffered due to someone else’s legal fault. If you miss this deadline, you could lose your right to seek compensation.
However, depending on the circumstances of your case, the statute of limitations could be longer or shorter than the standard three years. That’s why it’s vital that you speak with an experienced personal injury attorney as soon as possible. They’ll be able to evaluate your case, determine the applicable statute of limitations, and file your claim on time.
When Does the Three-Year Time Period Begin?
In South Carolina, the three-year statute of limitations for personal injury cases typically starts from the date your injury occurred. However, determining the exact start of the statute of limitations can be challenging if you weren’t immediately aware that you suffered an injury.
Some injuries may have delayed onset symptoms that only appear days or weeks after the incident that caused them, while some conditions take time to develop. In other cases, you might not realize someone is responsible for your injuries until months or even years after they happen.
This is where the “discovery rule” comes in. The discovery rule allows the statute of limitations to begin when you discover or reasonably should have discovered your injury and its connection to the incident or at-fault party.
Are There Any Exceptions to the Three-Year Statute of Limitations?
While the standard time frame for filing a personal injury case in South Carolina is three years, several exceptions could extend this period:
- Injuries to minors – If the injured party is a minor, the three-year statute of limitations doesn’t begin immediately. Instead, minors have until their 19th birthday or three years after the date of their injury to file a claim, whichever is later.
- Mental incapacity – If the injured party suffers from mental incapacity, the court may pause (or toll) the statute of limitations until they regain their mental capacity. Tolling effectively pauses the statute of limitations. However, the statute of limitations can only extend to five years after the date of injury or one year after they recover from their mental incapacity.
- Defendant absence – If the person responsible for your injuries leaves South Carolina after the injury occurs, the courts will toll their period of absence against the statute of limitations. This rule is in place so a defendant cannot avoid liability by fleeing the state until the statute of limitations runs out.
- Fraud and misrepresentation – If the defendant actively concealed their role in causing the injury, the statute of limitations will be tolled until the injured person discovers or should have discovered the defendant’s involvement. This means if someone hid their role in an injury for several years, the victim would still have an additional three years to file their claim.
- Medical malpractice – The statute of limitations for most medical malpractice cases in South Carolina is also three years. However, even if the injured party discovers medical malpractice caused their injury at a later date, they must file any claim no later than six years after the date of the actual injury. There are different deadlines for minors and foreign objects left in a patient’s body.
Because there are so many exceptions that could apply to your personal injury claim, it’s best to consult an attorney to determine what the statute of limitations is in your specific case.
How Long Do You Have to File a Personal Injury Case Against the Government?
Claims against government entities typically have a shorter statute of limitations across the country, and South Carolina is no different. When the state government is responsible for an injury, the victim must file any claim within two years. Personal injury claims against the federal government also must be filed within two years.
If your case involves the government, it’s essential that you consult with a personal injury attorney familiar with government claims so they can act quickly to protect your right to compensation.
Does a Personal Injury Case Have to Be Settled Within the Statute of Limitations Time Limit?
It’s important to distinguish between filing a lawsuit and settling a case. The statute of limitations only applies to filing your personal injury lawsuit, not to reaching a settlement. Once you file your lawsuit within the applicable statute of limitations, the case can proceed even if it takes longer than three years to settle or reach a verdict in court.
Practically speaking, though, the statute of limitations does affect settlement negotiations. If you cannot sue a defendant because the statute of limitations has expired on your claim, you have no leverage over them. They might try to get you to accept far less than you deserve or even refuse to negotiate at all, leaving you without the compensation you need.
Contact a South Carolina Personal Injury Lawyer
Understanding the role the statute of limitations plays in personal injury cases and the specific time limit that applies to your case is vital for making the most of your claim. The last thing you want is to miss this essential deadline and forfeit your right to pursue compensation through a lawsuit.
Navigating the statute of limitations for personal injury cases in South Carolina can be complex, particularly with the potential exceptions and special rules involved. That’s why McKinney, Tucker & Lemel LLC’s personal injury attorneys are here to help. During your initial consultation, our attorneys will review your case, advise you on the applicable statute of limitations, and explain your legal options.
Our firm has been helping injury victims in South Carolina since 1977, giving our attorneys decades of experience. Clients call our advocacy “beyond phenomenal” and claim we make a “hard situation easier with understanding and attention.” We’re focused on securing meaningful results for our deserving clients using unique solutions and providing exceptional service. Contact us today for a consultation to find out how we can help you.
