The wreck was a couple of years ago. You and your husband were briefly hospitalized, and you've been in physical therapy for the neck injuries ever since.
Your doctor says you are almost finished with the physical therapy, and you are pretty sure that this is the end of the medical bills. You've been putting off calling an attorney, debating whether it is something that you can do on your own, and you've gotten quite a bit of information from websites and friends since the accident.
The first thing that the attorney's receptionist asks when you call is, "What was the date of the accident?" As it turns out, the three-year anniversary is later this week and now you cannot find an attorney who will take your case. Once your statute of limitations has passed, you can no longer file your lawsuit.
There are many reasons why you should immediately contact a Myrtle Beach personal injury lawyer after an auto accident, and statutes of limitations is one them...
Statute of Limitations for Auto Accidents in SC
Generally, you have three years from the date of the car wreck to file a lawsuit in SC. I can't say whether you have three years in your case - there are many different circumstances that could change the time limit depending on your situation.
For example, if any government actors were involved in your car wreck, the statute of limitations may be two years under the S.C. Tort Claims Act (SCTCA). On the other hand, if you file a federal 1983 action against individual government employees, the statute of limitations may still be three years.
Statutes of Limitations for Other Types of SC Lawsuits
SC law governing time limits for different types of lawsuits can vary from one year to as long as 20 years for some contract actions. There are exceptions that apply to some statutes of limitations, and others may be tolled (extended) under certain circumstances. You must talk with a personal injury attorney about the unique facts of your case to be sure what the statute of limitations will be.
The most common time limit is three years, and these include causes of action for:
- Assault and battery;
- Some contracts;
- Legal or medical malpractice;
- Product liability;
- Property damage;
- Wrongful death;
- Trespass; and
- All personal injury cases that do not have a different statute of limitations that is prescribed by statute.
Other causes of actions have a two-year statute of limitations, including:
- SCTCA lawsuits where no verified claim was filed;
- False imprisonment;
- Libel; and
Not Sure What Your Statute of Limitations is in SC?
Call your Myrtle Beach auto accident lawyer at Axelrod and Associates as soon as possible after your car wreck - we will determine the date of your statute of limitations and ensure that you do not miss any deadlines in your case.
Why not wait until the last minute?
Many things may need to happen before filing a lawsuit in your case, including gathering the evidence that you will need, collecting witness statements, gathering your medical records and invoices, identifying all possible sources of recovery, making a demand from the insurance company, negotiating with the insurance company, and drafting your complaint and other documents that will be needed at the beginning of your lawsuit.