The South Carolina personal injury statute of limitations is three years; however, this date can change depending on your situation. For example, a different deadline may apply if you’re bringing a personal injury case against the government or if an exception applies.
Likewise, if you’re filing a medical malpractice lawsuit, you have three years, two years if the provider is a governmental entity, from the date of the negligent action or from when you realized a doctor or hospital’s negligence harmed you. That said, you need to file the claim within no more than six years of the healthcare professional’s harmful errors.
At The Louthian Firm, we understand how challenging it can be for those who are injured to navigate complex and confusing legal processes after an accident puts them in the hospital or uproots their lives in other ways. Our South Carolina law firm is ready to go the distance for its clients who are hurting and unsure about what to do next. If you’re a casualty of a slip and fall, negligent surgery, defective product, drunk driving accident, or other form of wrongdoing, we can step in and help you by doing the heavy legal lifting while you focus on healing.
What Is the Statute of Limitations for South Carolina Personal Injury Claims?
The statute of limitations is your deadline to bring a claim against someone who harmed you.
Sometimes, the filing window opens when the accident occurs and closes within a specific amount of time — say, three years — afterward. In other situations, however, the clock may not begin to run until you realize or should have realized you were harmed by negligence.
Additionally, exceptions — like being incapacitated or underage — may pause the deadline and give you extra time to file. Other factors — such as if you’re suing the government — may shorten how long you have to sue someone.
How Long Is the Statute of Limitations for Personal Injury Claims in South Carolina?
The statute of limitations is the time period in which you have to file suit because of someone’s negligent conduct. The deadline is different depending on the type of allegations you’re bringing, against whom, and whether an exception applies. A South Carolina personal injury attorney has the resources to investigate your claim and help you identify and meet the court’s deadlines.
Personal injury
Under South Carolina law, injured casualties usually have about three years to file a lawsuit against the individual or business that harmed them. Sometimes, the three-year clock begins when the incident occurs; however, this isn’t always the case. In some situations, the deadline doesn’t end until three years after you discover or should have discovered the injury and its cause.
Medical malpractice
South Carolina has special rules for when people need to file medical malpractice lawsuits. The deadline depends on a couple of factors, such as the type of medical mistake that occurred and the age of the victim.
For example, someone may need to file the claim within three years after the procedure or action that harmed them; however, they may take this step within three years after they become or should have become aware of their injury. That said, the casualty must sue within no more than six years after the negligent treatment or action. The law has a longer deadline for minors and for people who are suing because the doctor left a foreign object in their body.
Wrongful death
The statute of limitations for a wrongful death action depends on the allegations the surviving family is making. In most cases, the deadline begins on the date the injured person dies. For example, there’s an eight-year window of time to file if defective or unsafe real property killed a loved one. In other most situations, however, the law may gives the surviving family members up to three years from their loved one’s death to bring a claim.
What Happens if You Miss the Statute of Limitations on Personal Injury Lawsuits?
If you miss the deadline to file a legal claim in South Carolina, the court may dismiss your lawsuit unless you can show that an exception applies. Even if you believe it’s too late to sue, it may be a good idea to consult an attorney. They have special training in identifying the nuanced statute of limitations for personal injury matters and may be able to show that you still have time to sue.
What Are the Exceptions to the Personal Injury Claim Time Limit?
South Carolina has a couple of exceptions to the personal injury filing limits. These exceptions may give the claimant additional or less time to take legal action against a wrongdoer. A common exception to the statute of limitations is if the casualty is under a legal disability. Two types of legal disabilities are being underage — e.g., under 18 — and meeting the legal definition of insanity.
How Can an Attorney Help You Meet the Deadline To Sue for Personal Injury?
Understanding what deadline applies to your case can be confusing if you don’t have a legal background. A trained lawyer has the legal education and hands-on experience to figure out when the law says you have to file your case. What’s more, they can research possible exceptions that might give you additional time to sue. Likewise, they can prepare and file the documents — like the complaint, notice of filing, and summons — you need to initiate your lawsuit.
Contact The Louthian Firm for Help Suing for Personal Injury
The South Carolina personal injury statute of limitations restricts how long you have to sue someone if they cause you harm. The length of time you have can change depending on the allegations you’re making — such as wrongful death, medical malpractice, or a car crash — and whether you’re a minor.
The award-winning attorneys at The Louthian Firm are here to help you determine the window of time you have to file a lawsuit and what you need to do next. Past clients appreciated our “heartfelt” and “very outstanding” client service delivery and attention to their case and their concerns. Reach out to our South Carolina personal injury team today by calling 803-592-6231 to schedule a no-obligation consultation.
