Hurt in an accident in South Carolina? You have the right to seek compensation for the full extent of your damages through a personal injury case. These are time-sensitive cases: You must bring a personal injury lawsuit before the statute of limitations expires. There is a three-year statute of limitations for most personal injury lawsuits in our state. Lawsuits against Government agencies or employees are generally a two-year statute of limitations. Libel, slander, false imprisonment and certain types of medical malpractice cases are also covered under a two-year statute of limitations.
There are also special rules for minors and incapacitated person. Here, our Lexington personal injury attorney provides an overview of the statute of limitations for accident claims in South Carolina.
South Carolina Statute of Limitations: Personal Injury
Personal injury claims are time-sensitive. Following a serious accident in South Carolina, you must take immediate action to protect your health, your safety, and your legal rights. Under South Carolina law (South Carolina Code § 15-3-20), there is a three-year statute of limitations for personal injury lawsuits. That is the deadline to file a civil lawsuit. What happens if you fail to bring a claim promptly? You could miss out on your right to take legal action at all. The defendant and/or insurer may move to dismiss your lawsuit by raising a statute of limitations defense. Be proactive: Consult with a South Carolina personal injury lawyer right away.
Exceptions to the SC Statute of Limitations for Personal Injury
South Carolina’s three-year statute of limitations is strictly enforced. It applies to the vast majority of personal injury cases that arise in our state. However, there are some exceptions to the rule.
Injured victims may have additional time to file a personal injury lawsuit if any of the following exceptions apply to their case:
- Minor Victim (Under 18 Years Old): If the injured victim is under the age of 18 at the time of the accident, the statute of limitations is paused (tolled) until they reach adulthood. Once the minor turns 18, the three-year statute of limitations clock gives them until their 21st birthday at the latest to file a personal injury lawsuit.
- Mental Incapacity: If the victim is declared legally mentally incapacitated at the time of the injury, the statute of limitations may be tolled until they are considered competent. Once competency is restored, the three-year period begins. It is a narrow exception that provides some additional time to take action for vulnerable people.
- Discovery Rule (Latent Injuries): In some cases, an injury may not be immediately discoverable, such as exposure to toxic substances. South Carolina’s discovery rule allows the statute of limitations to begin when the victim knew or reasonably should have known that they were injured and that the injury was caused by another’s negligence.
The Other Exception: Less Time to File A Personal Injury Lawsuit Against the Government
There is an exception to the South Carolina statute of limitations that works in the other direction as well. In South Carolina, when pursuing a personal injury claim against a government entity or employee, there are specific (unique) legal procedures that must be followed under a law called the South Carolina Tort Claims Act. Unlike the standard three-year statute of limitations for personal injury cases, claims against government entities generally have a two-year filing deadline. Further, there is a one-year limit to file a notice of claim against a government defendant. That type of notice is not required by South Carolina law, but it can be a helpful tool for this type of personal injury claim. If you choose to file a verified claim, the government entity has 180 days to respond.
Why It Is So Important to Get Started With Your Case Right Away
South Carolina’s statute of limitations is more plaintiff-friendly than most other states. Three years may seem like plenty of time to take legal action. With that being said, you must get started with your case right away. You do not want to fall behind the defendant or their insurance in the legal claims process. Do not wait until the statute of limitations is near.
Every day matters. Key evidence can easily disappear, and witnesses may forget relevant details. Beyond that, the insurance company will already be working to protect its interests. By contacting a top-rated South Carolina personal injury lawyer as soon as possible, you will be in the best position to get justice and the maximum financial compensation.
Does a Personal Injury Lawsuit Have to Be Fully Resolved Within Three Years?
No, a personal injury lawsuit in South Carolina does not have to be fully resolved within three years.
Instead, it must be filed within the three-year statute of limitations. The three-year deadline applies to when the lawsuit is initiated, not when it is completed. As long as the injured person files the complaint in court before the statute of limitations expires, the case can proceed through litigation, even if it takes months or years to reach a settlement or trial.
Of course, the goal is always to get full and fair financial compensation as soon as possible after a serious accident. The sooner you get started with the claims process, the better.
Why Injured Victims Trust Smith & Jones Law for Justice
Personal injury claims are complicated. If you were hurt in an accident, you must have representation from an attorney who understands the law. At Smith & Jones Law, LLC, we put victims and their families first. A proactive approach will help you ensure that you meet all relevant legal deadlines. With a proven record of case results and a dedication to personalized advocacy, our South Carolina personal injury lawyers offer free, confidential initial consultations.
Contact Our South Carolina Personal Injury Attorney for a Free Case Review
At Smith & Jones Law, LLC, our South Carolina personal injury lawyers invest time, resources, and personalized care into each and every case. If you have any specific questions or concerns about the statute of limitations for personal injury cases in South Carolina, we are here to help. Contact us right away for a no cost, no obligation case review. From our legal offices in Lexington and Mauldin, we represent injured victims throughout the wider region in South Carolina.