Before being injured due to someone else’s negligence in South Carolina, you may have never thought about—or even heard of—the South Carolina personal injury statute of limitations.
According to the statute of limitations, personal injury claims in SC must be filed within three years of the date of the injury. While this may seem like a long time, it’s easy to lose track of deadlines when you’re focused on recovering.
Unfortunately, missing this statute of limitations can bar you from receiving compensation for your injuries, no matter how strong your case might be. Many people don’t realize how critical it is to act quickly after an accident. Evidence can disappear, witnesses may forget important details, and insurance companies are notorious for dragging their feet.
If you’ve been injured between doctor’s appointments and trying to get back to your normal life, legal deadlines might be the very last thing on your mind. That’s where a York, SC personal injury lawyer can help—we can take this off your plate, so you have one less thing to worry about.
What Is the Statute of Limitations for Personal Injury Claims in South Carolina?
In South Carolina, the statute of limitations for personal injury claims is three years from the date of the injury. This means you have three years from the time the accident or injury occurred to file a lawsuit against the at-fault party. Whether you were involved in a car accident, slip and fall, or another type of accident, you need to act within this timeframe.
However, it’s important to note that the clock starts ticking on the day of the injury, not when you realize the full extent of your injuries. This can be tricky in cases where the effects of an injury aren’t immediately apparent.
Missing this deadline can bar you from pursuing compensation entirely, which is why it’s crucial to seek legal advice as soon as possible after an accident.
Exceptions to the Statute of Limitations in South Carolina
The first expectation involves injuries to minors. If the injured party is a minor, the three-year statute of limitations doesn’t start immediately. Instead, minors have up to one year after their 18th birthday to file a claim.
Another exception applies to individuals with mental incapacity. If the injured person is mentally incapacitated, the court may pause (or toll, meaning delay) the statute of limitations until they regain mental capacity.
This tolling effectively suspends the time limit for filing a claim. However, the statute of limitations cannot be extended indefinitely. The statute of limitations is the earlier of:
- Five years from the date of the injury, or
- One year from the date the injured person was considered sane.
Additionally, if the defendant responsible for the injury leaves South Carolina after the incident, the statute of limitations is tolled during their absence. This rule prevents individuals from evading liability by fleeing the state until the time limit for filing a claim expires.
Similarly, in cases of fraud and misrepresentation, if a defendant actively conceals their involvement in causing the injury, the statute of limitations is tolled until the injured party discovers or reasonably should have discovered the defendant’s role.
In medical malpractice cases, the statute of limitations is also generally three years. However, they must file their claim within six years of the injury even if the injured party discovers the malpractice at a later date.
How Missing the Statute of Limitations Deadline Affects Your Case
Failing to file your claim within the SC statute of limitations for personal injury can have severe consequences. If the deadline passes, you will almost certainly lose the right to take legal action, and the courts will likely dismiss your case. This means you will not be able to recover any compensation for medical bills, lost wages, pain and suffering, or other damages.
Insurance companies are well aware of these deadlines and may use them to their advantage by dragging out settlement negotiations, hoping you’ll miss the filing window. That’s why it’s essential to act quickly and avoid unnecessary delays in pursuing your claim.
Key Steps to Take Before the Statute of Limitations Expires
To protect your rights and ensure that your personal injury claim is filed within the statute of limitations, follow these key steps:
- Seek Medical Attention: Even if your injuries seem minor at first, it’s important to get checked by a healthcare professional. Medical records are essential evidence in personal injury cases.
- Document Everything: Collect as much information as possible about the accident, including photos, witness statements, and police reports. This evidence will be valuable when building your case.
- Avoid Speaking to Insurance Adjusters Without Legal Counsel: Insurance companies may try to get you to settle for less than your claim is worth. Having an attorney on your side ensures that your rights are protected and that you don’t accept a lowball offer.
- Avoid Delays: The longer you wait to take action, the more challenging it can be to gather evidence, locate witnesses, and build a strong case. Don’t wait until the last minute to file your claim.
- Consult With an Attorney: Contact our personal injury lawyers as soon as possible after your accident. Our experienced attorneys will be able to guide you through the legal process, ensure your case is properly filed, and prevent any potential issues with the statute of limitations.
Contact an Experienced York Personal Injury Lawyer
It’s easy to feel lost in the legal process, and when you’re already hurting, the last thing you want to think about is legal paperwork or court deadlines. But when it comes to the South Carolina personal injury statute of limitations, time is of the essence.
After an accident, it’s crucial to seek medical attention right away, even before contacting a lawyer, your health and well-being are the top priority, and having proper medical documentation will help build a stronger case when you’re ready to pursue compensation.
With more than 35 years of combined experience, our firm has a proven track record of helping personal injury victims throughout South Carolina. We know how to tackle the complexities of the South Carolina statute of limitations for personal injury law.
We’re a Black-owned business, and we take pride in serving our communication with dedication and integrity. Our team at Hunter | Everage is committed to providing the highest quality legal representation to all who need it.
Contact our South Carolina personal injury attorneys at 704-377-9157 for a free consultation. We are your trusted help when you are hurting.