When car accidents happen, the aftermath can stretch out for years. If you’ve been in an accident, you might be grappling with more than just physical recovery. There’s endless paperwork, calls to the insurance company, and worrying about how your medical bills will be paid.
With everything happening at once, one question may be at the forefront of your mind: how long do you have to file a claim after a car accident? It’s a straightforward question, but the answer is layered with legal complexities that can affect your ability to seek justice and compensation.
South Carolina law imposes specific deadlines for filing a lawsuit related to a car accident, known as the statute of limitations. Whether you’re dealing with injuries, property damage, or both, knowing these deadlines is crucial.
But why is there such urgency? The law is designed to ensure that claims are made while evidence is still fresh and reliable, which helps everyone involved—the courts, the insurers, and the parties like you—to handle the claim more efficiently and fairly.
How Long After a Car Accident Can I Claim Injury?
The statute of limitations for car accidents in South Carolina sets the limit at three years (§ 15-3-530(5))for both personal injury and property damage claims. This means from the moment of the accident, you have three years to initiate legal proceedings. While this might seem like ample time, the days and months can pass quickly, especially when you’re focused on healing and getting back to your daily life.
Filing a claim within this period ensures that your rights are protected. It allows you to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the accident. It also holds the responsible party accountable for their actions.
What Happens if You Miss the Filing Deadline?
Missing the deadline to file a claim after a car accident in South Carolina can have serious consequences. The statute of limitations is a hard rule.If you try to file a lawsuit after this period has passed, the courts will almost certainly dismiss your case.
If you miss the filing deadline, this can leave you in a tough spot financially. This means you lose the ability to hold the at-fault party accountable through the legal system.
Not only will this prevent you from recovering money for medical bills, lost wages, and pain and suffering, but insurance companies will also have no incentive to negotiate with you once the statute of limitations has passed. They know you no longer have the leverage of a potential lawsuit, and as a result, they’ll close your claim.
Exceptions to the Statute of Limitations for Car Accident Claims
Exceptions to South Carolina’s standard three-year deadline for filing car accident claims include the following:
- Being a Minor: If the injured individual is under 18, the three-year time limit does not begin until their 18th birthday.
- Mental or Physical Disability: If the victim is deemed mentally or physically incapacitated, the clock is paused until a court determines they are no longer disabled.
- Defendant Leaving the State: If the at-fault party departs South Carolina, the period they are out of state generally does not count toward the statute of limitations.
- Wrongful Death: In wrongful death cases, the statute of limitations typically starts on the date of the victim’s death.
- Medical Malpractice: If a medical mistake isn’t discovered within the usual two- to three-year window, a patient may have up to six years to initiate a claim.
- Claims Against Government Agencies: Under the South Carolina Tort Claims Act, claims against state government entities must be filed within two years of the incident.
Why Act Quickly After a Car Accident?
After a car accident, it might feel like the world has stopped—but the clock hasn’t. Acting quickly is essential for a myriad of reasons, each critical to the success of your future claim and, more importantly, to your recovery.
- Witness Recollections: People’s memories fade over time. Witnesses to the accident are more likely to recall precise details accurately right after the event. Getting their statements sooner rather than later ensures that these details are recorded while still fresh.
- Preserving Evidence: The immediate aftermath of an accident offers the best opportunity to collect evidence that is fresh and unaltered. Photographs, video footage, and physical remnants at the scene are invaluable for reconstructing what happened and proving your case.
- Handling Insurance Companies: Insurance companies are notorious for their quick action in the wake of an accident—not necessarily for the benefit of the injured party, but to minimize their financial exposure. The sooner you initiate the claims process and engage with these companies, the less opportunity there is for them to undermine your claim’s value.
- Healing Process: If you’ve been injured, contact our York car accident attorneys. We can help ensure that you receive comprehensive medical evaluations and that your treatment is documented from the start. This documentation is crucial for substantiating claims related to injuries and ensuring that all related costs are accounted for in any settlement.
- Financial Stability: Accidents often bring unexpected expenses—medical bills, repair costs, and possibly the need for alternative transportation. These expenses can create financial pressure, especially if your injuries affect your ability to work. Quick legal action can expedite the process of securing compensation, helping to reduce financial stress and allowing you to focus on recovery.
The Role of an Attorney in Ensuring Your Claim Is Filed on Time
The clock on the statute of limitations starts ticking from the date of the accident. But injuries from car accidents can sometimes manifest symptoms long after the incident, and navigating the legal deadlines while managing your health can be overwhelming.
This is where the expertise of an attorney becomes invaluable. We can help in several ways:
- Case Evaluation: From the outset, your attorney will assess the details of your accident to ensure that your claim is valid and that you are within the time limits to file successfully.
- Evidence Preservation: An attorney can help preserve crucial evidence that is often time-sensitive. This includes gathering witness statements, securing surveillance footage, and documenting injuries and damage before they are repaired or healed.
- Dealing With Insurance Companies: Insurance companies are quick to begin their investigations into car accidents. Having an attorney early in the process ensures that your rights are protected and that you are not pressured into accepting a settlement that undervalues your claim.
- Filing Your Claim: The actual process of filing a claim involves intricate legal knowledge and adherence to procedural norms that might not be familiar to most people. Your attorney handles the filing process, making sure that all paperwork is accurate, complete, and submitted on time.
Contact an Experienced York, SC Car Accident Lawyer
The statute of limitations for car accidents serves as a strict deadline and a reminder of the urgency with which you need to act. Delay can be detrimental. Evidence can erode or become less compelling over time, and witness recollections can become more hazy.
If you’ve been injured in a car accident, don’t wait to seek legal help. At Hunter | Everage, we understand the challenges you’re facing and are here to guide you every step of the way.
Let us help you understand your rights and take the first steps toward securing the compensation you deserve.
Call our car accident lawyers at 704-377-9157 to schedule a free consultation.