If you have been involved in a car accident in South Carolina, you may wonder how much time you have to take legal action. The South Carolina statute of limitations for car accidents sets a strict deadline for filing a lawsuit. In most cases, you have three years from the accident to file a claim for damages.
If you fail to act within this period, you may lose your right to seek compensation. However, some exceptions can extend the deadline under certain circumstances.
Seek legal help quickly. Our South Carolina car accident lawyers at McDougall Law Firm can ensure your case is filed on time.
The South Carolina Statute of Limitations for Car Accidents
The statute of limitations is a law that sets a deadline for filing a lawsuit in civil court. Under South Carolina Code Section 15-3-530, car accident victims generally have three years from the accident date to file a lawsuit. If you do not file your claim within three years, the court will likely dismiss your case, and you will no longer be able to recover compensation for your losses.
Personal injury lawsuits must be filed within three years of the accident date. If a loved one passes away due to a car accident, the family has three years from the person’s death to file a wrongful death claim.
What Happens If You Miss the Three-Year Time Limit?
If you attempt to file a lawsuit after the three-year deadline has passed, the defendant (the person or party you are suing) can request that the court dismiss your case. In most instances, the court will grant this request, meaning you will lose your right to pursue compensation, no matter how strong your case might be.
Missing the deadline can have devastating financial consequences. You may be left covering medical bills, lost wages, and vehicle repair costs without legal recourse. Insurance companies are also aware of the statute of limitations and may refuse to negotiate a settlement once the time limit has expired. This is why it is critical to take action as soon as possible after a car accident.
Exceptions to the Car Accident Statute of Limitations
The general rule is that you have three years to file a lawsuit after a car accident in South Carolina. However, some circumstances can alter the deadline.
1. The Victim is a Minor
The statute of limitations is paused or tolled if a car accident victim is under 18. In South Carolina, an injured minor generally has until their 19th birthday or three years from the date of the accident, whichever is longer, to file a lawsuit.
2. The Victim Has a Mental Disability
If the accident victim has been deemed legally incompetent due to a mental disability, the statute of limitations may be tolled until the victim regains competency. Once the individual is deemed mentally competent, the three-year clock starts running.
3. The Defendant Leaves South Carolina
In cases where the at-fault party leaves the state of South Carolina before the lawsuit can be filed, the statute of limitations may be paused while the defendant is absent. This rule prevents a defendant from avoiding legal consequences simply by moving out of state.
4. Cases Against Government Organizations
For most personal injury cases in South Carolina, the statute of limitations is three years from the date of injury. However, when filing a claim against a government entity, the statute of limitations is reduced to two years. If a verified claim is filed within one year of the injury, the statute of limitations may be extended to three years.
This shorter timeframe, combined with additional procedural requirements for suing government entities, makes it especially important to act quickly.
Why You Should Contact a Lawyer as Soon as Possible
The three-year statute of limitations may seem like a long time. However, it is important to act quickly after a car accident. Evidence can disappear, witnesses’ memories can fade, and negotiating with insurance companies can take months. By contacting a lawyer right away, you improve your chances of building a strong case and securing the compensation you deserve.
An experienced car accident attorney will help you navigate the legal process, ensure all necessary paperwork is filed on time, and advocate for your best interests. They can also investigate the accident, gather evidence, and negotiate with insurance companies on your behalf. If necessary, they can represent you in court to fight for the maximum compensation.
At McDougall Law Firm, we understand how overwhelming a car accident can be. Our team is committed to helping accident victims understand their legal rights and take swift action to protect their future. If you or a loved one has been injured in a car accident in South Carolina, do not wait until it is too late. Contact us today for a free consultation.
FAQs
What Is the Deadline to File a Lawsuit After a Car Accident in South Carolina?
In South Carolina, the statute of limitations for car accidents is generally three years from the accident. This means you have three years after a car crash to file a lawsuit for injuries and vehicle damage.
In wrongful death cases resulting from car accidents, the statute of limitations works slightly differently. The three-year period begins on the date of the victim’s death rather than the date of the accident.
Does the Statute of Limitations Apply to Insurance Claims?
The statute of limitations deadline applies to lawsuits, not insurance claims. Insurance companies typically require policyholders to report accidents and file claims promptly, often within days or weeks of the incident. You should start the claims process as soon as possible after an accident.
Contact McDougall Law Firm for a Free Case Review
The South Carolina statute of limitations for car accidents sets a strict three-year deadline for filing a lawsuit, with a few exceptions. Failing to file within this time frame can result in losing your right to seek compensation.
If you have been injured in a car accident, you must act quickly to protect your legal rights. McDougall Law Firm is here to help. We will gather evidence to build a strong case and negotiate with the insurance company to maximize your settlement. We’re prepared to fight for you in court if necessary.
Contact us today for a free consultation by calling 843-438-4386 or filling out our online form.
