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.
Generally, the deadline for filing a personal injury lawsuit in South Carolina is three years from the date of the injury. However, South Carolina law provides some exceptions to the statute of limitations for such cases. An experienced personal injury attorney can review your situation and explain which filing deadline applies to your case.
Why Does South Carolina Have a Statute of Limitations on Personal Injury Cases?
South Carolina has a statute of limitations for personal injury cases for three primary reasons.
The first is fairness. A time limit on personal injury lawsuits restricts claim eligibility to a reasonable time frame. It prevents claimants from bringing lawsuits for decades-old injuries, for which reliable evidence is non-existent. Limiting the time frame for claims makes the process fairer for the claimant and respondent.
The second reason is practicality. Personal injury claims from decades ago are often impractical to pursue because evidence may have deteriorated, and witnesses may no longer be available. The time limit keeps the civil court system from becoming bogged down in old cases.
The third is closure. A time limit gives personal injury victims an incentive to contact an experienced personal injury lawyer and take prompt action. It provides closure by placing a deadline on taking legal action. People won’t be left wondering for years whether a lawsuit will be filed against them.
Is the Statute of Limitations Time Period Different for Workers’ Compensation Claims?
Yes, there are different time limits for making workers’ compensation claims in South Carolina. First, you must report your work injuries to your employer within 90 days. If you miss this reporting window, your claim for workers’ compensation benefits may be denied.
Once you report your injuries to your employer, you have two years from the injury date to file a claim with the South Carolina Workers’ Compensation Commission, which oversees workers’ comp cases. You can complete Form 50 or Form 52 for workplace injuries and workplace deaths, respectively. For occupational diseases, the two-year time limit is measured from the date when you discover your work-related health condition.
Does the Statute of Limitations Change If I Didn’t Know I Was Hurt Right Away?
It’s important to distinguish between two aspects of South Carolina’s statute of limitations: The time limit — how long you have to file an injury claim — and the date the clock starts counting the days until the filing deadline.
Newly discovered knowledge of your injuries can alter the statute of limitations. If you were injured in a car accident but your injuries didn’t become apparent until a year later, you may still have three years to file a claim. In this case, the three-year limit begins on the date you discovered your injury and that it was related to the accident.
South Carolina law allows for tolling the statute of limitations or delaying the filing deadline in cases involving injuries to children. Children typically have until they reach the age of 19 to file personal injury lawsuits to recover compensation for injuries suffered in a childhood accident.
What Is the Discovery Rule and How Does it Relate to the South Carolina Statute of Limitations?
The discovery rule affects the statute of limitations in cases where the injured party didn’t realize they were hurt until later. Typically, the three-year clock begins on the date of the accident. However, many injuries aren’t immediately apparent and only become noticeable as they worsen over time.
In these cases, the discovery rule allows the three-year time limit to start on the date you discovered your injuries or reasonably could have discovered them. This rule exists so that the time limit doesn’t expire when you couldn’t possibly have known about your condition.
Are There Different Deadlines for Filing Civil vs. Criminal Cases in South Carolina?
Yes, there are different deadlines for injured individuals to file civil claims and for the state to prosecute criminal charges.
South Carolina has no statute of limitations for pursuing criminal cases. This means that the state government and the district attorney can charge and prosecute someone for an alleged crime, regardless of how long ago it happened. The state often chooses not to prosecute crimes from long ago for practical reasons.
In some cases, the same act can result in criminal charges and a civil case. For example, a drunk driver may face prosecution for causing a drunk driving accident. The individual injured by the drunk driver may bring a separate personal injury claim, seeking compensation for medical expenses, lost wages, and other accident-related expenses.
It is important to note that the civil and criminal systems are separate and don’t directly bear on one another. The fact that no statute of limitations exists for bringing a criminal case doesn’t affect the time limit for filing a personal injury claim. An injured person still has only three years to file an injury lawsuit against the at-fault party in most cases. It’s essential to contact a personal injury law firm and discuss how the statute of limitations applies to your injury.
How Might the South Carolina Statute of Limitations Affect Insurance Claims?
Many people use the terms “claim” and “lawsuit” interchangeably, but they are technically distinct. Filing a claim is the mechanism for requesting compensation from insurance companies after an injury. A lawsuit is the legal process of asking the court to compel an at-fault party to compensate the injured party for the losses they sustained. Typically, you file a claim first, then file a personal injury lawsuit if the insurer declines to provide financial compensation or disputes the amount of a settlement.
It’s important to emphasize that the statute of limitations applies specifically to lawsuits. An experienced attorney may submit an insurance claim or demand letter and seek fair compensation before filing a personal injury lawsuit. The three-year legal time limit continues to count down as an accident victim goes through the insurance claims process and seeks to negotiate a fair settlement.
Once you file a legal claim, the time stops counting, and the case will remain active for as long as it takes to settle it. As long as you initially file a personal injury lawsuit within the time limit, you’ve satisfied the statute of limitations requirement.
The statute of limitations can also be affected if the defendant files for bankruptcy. Filing for bankruptcy typically triggers an automatic stay, temporarily stopping parties from pursuing legal action against the individual seeking bankruptcy protection.
Does the Statute of Limitations Clock Restart If New Injuries or Complications Appear?
No, the three-year clock typically does not restart if new injuries or complications appear. The time limit starts to accrue on the date of the injury or date of injury discovery. If, after your initial discovery of your injuries, your current physical injuries worsen, it does not trigger a new three-year time limit. If the new injuries or worsened condition were caused by the initial accident, they still fall under the original three-year time limit.
If you have questions about your legal rights to seek full and fair compensation after a serious accident, contact the injury attorneys at McKinney, Tucker & Lemel LLC for trusted legal assistance. The personal injury firm handles injury cases on a contingency fee basis.
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.
