The statute of limitations is a law that sets a deadline for how long an injured party has to file a lawsuit. Generally, the statute of limitations for personal injury cases in South Carolina is three years from the date of the injury or accident.
This means that if you’ve been injured due to someone else’s negligence, you have a three-year window to file a lawsuit seeking compensation for your injuries.
It’s important to talk to a South Carolina personal injury lawyer as soon as possible. Contact our team at McDougall Law Firm for a free consultation today.
Statute of Limitations for Personal Injury Cases in South Carolina
The statute of limitations is a time limit on how long a person has to file a personal injury lawsuit. In South Carolina, this time limit is typically three years for most personal injury cases.
This three-year period applies to a wide range of personal injury claims, including car accidents, slip and fall incidents, dog bites, and boat accidents.
The clock starts ticking on the date of the injury in most cases. However, there are some exceptions to this rule, which we’ll explore in more detail later. The purpose of having a statute of limitations is to ensure that legal matters are resolved in a timely manner while evidence is still fresh and witnesses’ memories are reliable.
The Discovery Rule: When Does the Clock Start Ticking?
While the general rule is that the statute of limitations begins on the date of the injury, South Carolina follows what’s known as the “discovery rule.” This rule recognizes that in some cases, an injury or its cause might not be immediately apparent. According to the discovery rule, the clock starts running on the earlier of two dates:
- The date when you first learned of the injury
- The date when you should have reasonably discovered the injury
This rule can be particularly relevant in medical malpractice and defective product cases, where the effects might not be immediately noticeable.
Exceptions to the Personal Injury Statute of Limitations
While the three-year statute of limitations applies to most personal injury cases in South Carolina, there are several important exceptions to be aware of.
Medical Malpractice Cases
According to SC Code § 15-3-545, you must file a lawsuit within 3 years of the medical negligence or within 3 years of when you discovered or should have discovered the medical error.
You cannot file a lawsuit more than 6 years after the medical malpractice occurred. Cases involving foreign objects left inside a patient’s body during surgery must be filed within two years of when the object was discovered.
Claims Against the Government
If you’re filing a claim against a government entity in South Carolina, the statute of limitations is shorter. Under the South Carolina Tort Claims Act, you generally have only two years to file a lawsuit against a government agency or employee. This shorter time frame makes it even more crucial to act quickly if your injury involves a government entity.
Cases Involving Minors
When the injured party is a minor (under 18 years old), the statute of limitations works differently. In most cases, the clock doesn’t start ticking until the minor turns 18. After their 18th birthday, they have one year to file a personal injury lawsuit.
However, a medical malpractice lawsuit must be filed within seven years of the date of injury, regardless of the child’s age.
Mental Incapacity
If the injured person is mentally incapacitated at the time of the injury, they may have up to five years from the date of the accident to file a lawsuit. However, this extension doesn’t apply to medical malpractice cases, which still follow the standard three-year rule.
Defendant Leaves the State
If the person responsible for your injuries leaves South Carolina before you can file a lawsuit, the time they’re absent from the state typically doesn’t count towards the statute of limitations. This prevents defendants from avoiding lawsuits by simply leaving the state until the statute of limitations expires.
Sexual Abuse Cases
South Carolina has a longer statute of limitations for cases involving sexual abuse. In these situations, the victim has six years after turning 21 years of age, or within three years of discovering the injury (whichever occurs later), to file a lawsuit.
The Importance of Acting Quickly
While the statute of limitations provides a maximum time frame for filing a personal injury lawsuit, it’s generally in your best interest to begin the legal process as soon as possible. There are several reasons for this.
Preserving Evidence
As time passes, evidence can be lost or destroyed, and witnesses’ memories can fade. By starting the legal process early, you increase the chances of preserving crucial evidence that can support your case.
Stronger Negotiating Position
If you’re seeking a settlement from an insurance company, starting the process early can give you a stronger negotiating position. Insurance companies may be more willing to offer a fair settlement if they know you have plenty of time to file a lawsuit if negotiations fail.
Avoiding Mistakes
Rushing to file a personal injury lawsuit just before the statute of limitations expires increases the risk of making mistakes that could harm your case. By starting early, you give yourself and your attorney ample time to carefully prepare your case.
What Happens If You Miss the Deadline?
In most cases, if you attempt to file a lawsuit after the statute of limitations has expired, the court will dismiss your case. This means you’ll lose your right to seek compensation for your injuries, regardless of how strong your personal injury case might have been otherwise.
There are very few exceptions to this rule, which is why it’s crucial to take action well before the deadline approaches.
The Role of a Personal Injury Attorney
Given the complexities surrounding the statute of limitations, it’s crucial to talk with an experienced personal injury lawyer as soon as possible to ensure you don’t miss any critical deadlines.
A skilled attorney can help you navigate the entire personal injury claim process, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. They can also advise you on other important aspects of your case, such as the potential value of your claim and the best strategies for pursuing compensation.
Contact McDougall Law Firm for a Free Consultation
Understanding the personal injury statute of limitations in South Carolina is crucial for protecting your legal rights. While the general rule is that you have three years to file a lawsuit after an injury, exceptions and nuances can affect this timeframe. It’s important to act quickly.
Don’t wait until the last minute to seek legal advice. Contact a qualified personal injury lawyer as soon as possible to understand your rights and ensure your claim is filed on time.
At McDougall Law Firm, LLC, we have won millions for clients in South Carolina. Call 843-438-4386 or fill out our contact form for a free consultation.
