South Carolina Personal Injury Statute of Limitations 2024

If you’ve been injured as a result of the negligence of someone else, then it’s critical to get the costs that you’ve suffered covered by the liable parties. That’s what can make having a South Carolina personal injury lawyer negotiating on your behalf so valuable, as it demonstrates the realistic possibility of going to court if the at-fault party, or their insurance, won’t cooperate.

In some cases, a personal injury case might be resolved through negotiation. However, the most effective negotiations are those that carry a credible threat of filing a personal injury claim if an agreement can’t be found. It’s important, though, that negotiations not run past the statute of limitations, as you will no longer be able to file a claim after that point.

Personal Injury Statute of Limitations in South Carolina

A statute of limitations sets a maximum point at which something can be legally addressed. In criminal law, this is the latest point at which someone can be charged with a crime. In civil law and, more specifically, personal injury law, it is the deadline by which a claim must be filed against whatever party or parties are liable for your injury.

The reasoning behind a statute of limitations primarily involves the degradation of the quality of evidence as time goes on. For instance, after a certain amount of time, the quality of physical evidence can diminish. It can also be difficult to acquire necessary evidence if it’s been lost or inadvertently destroyed over time.

The accuracy of eyewitness accounts also gets worse over time. People may be much more likely to misremember or altogether forget important bits of information over the years. A statute of limitations, then, suggests that, after a certain period of time, it is too difficult to get accurate proof of what happened, and the results of a trial will be unreliable.

In South Carolina, the standard statute of limitations is three years from the date when the injury occurred. This means that if you were in a car accident, for example, you would have three years from the date when the accident occurred to file a claim against whoever may be liable for the accident. This three-year limit, though, does have a variety of exceptions and variations.

Statute of Limitations Exceptions

One notable exception to the three-year statute of limitations involves the time when an injury is discovered. There are some circumstances where the injury is not initially discovered. In these cases, the three-year clock doesn’t start until the injury is discovered or, at least, should have been reasonably discovered.

However, even in some of these cases, there are still further exceptions. For instance, in the case of medical malpractice, a claim usually can’t be brought after six years, no matter when the injury was discovered.

Another important exception to the statute of limitations involves situations where the injured party was a minor. In these cases, it is possible for the parents or a guardian to bring a claim on behalf of the minor. However, if that doesn’t happen, the three-year clock won’t actually begin until the minor reaches 18 years of age.

There are similar extensions and variations if the injured was hospitalized with a mental illness or if they were incapacitated and unable to communicate. Obviously, in this condition, they would be unable to file a claim, so a court may choose to allow them the opportunity to still make the claim after the usual timeframe has expired.

FAQs

Q: What Does a South Carolina Personal Injury Lawyer Do?

A: A South Carolina personal injury lawyer can help you seek the maximum compensation for an injury that you’ve suffered. They can investigate your injuries, negotiate on your behalf and, if necessary, make your case before the court. They can also review your legal options and guide you through the most effective method of obtaining compensation.

Q: How Long Do You Have to File a Personal Injury Claim Against the Government in South Carolina?

A: The rules for filing a personal injury claim against the government are a little different from the standard process. In particular, you need to decide whether you are going to pursue a claim much more quickly. In most cases, you are required to file a Notice of Claim within one year of the incident in question. If there is any possibility that you could be filing against the government, it is critical that you contact a South Carolina personal injury lawyer quickly.

Q: What If Your Injuries Are Discovered After the Statute of Limitations for a Personal Injury Claim in South Carolina?

A: There is a possibility that injuries discovered outside the statute of limitations may still be eligible for a claim. In many cases, the three-year clock doesn’t start until the injuries were discovered or could have been discovered. However, there could be some other exceptions, such as medical malpractice, where claims can’t be filed after six years in most cases.

Q: Are There Any Damage Caps on a Personal Injury Claim in South Carolina?

A: While there aren’t any damage caps on economic or non-economic damages, in most cases, there are some limits on non-economic damages in medical malpractice claims. In these cases, no more than $350,000 can be collected from any one party and no more than $1,050,000 in total from all liable parties.

Find Out When You Need to File a Personal Injury Claim With the Help of a South Carolina Personal Injury Lawyer

While the three-year statute of limitations may apply in most personal injury claims, there are a number of ways in which it could be slightly different in your case. It’s imperative that you have a firm understanding of what the statute of limitations is in your situation. It’s possible that the liable party may attempt to appear sincere in negotiations, but they are actually stalling until bringing a claim against them is no longer an option for you.

The surest way to know how the statute of limitations applies to your case is by working with a South Carolina personal injury lawyer, like one from Axelrod & Associates. Contact us to discuss your case and the deadlines that apply to your case.