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How Long Do I Have to File a PI Claim?

On Behalf of | | Personal Injury

Being injured in an accident due to someone else’s negligence can be a disorienting and overwhelming experience. Fortunately, a person injured due to another person’s reckless or intentional acts may seek compensation for their injuries and losses by filing a personal injury lawsuit against the at-fault party. However, the law in South Carolina limits the time you have to begin a personal injury claim, and to ensure you don’t lose your chance to receive compensation, you’ll want to act quickly.

Our personal injury lawyers at Query Sautter & Associates, LLC, have extensive experience obtaining high-value jury awards and settlements for clients injured in various scenarios. If you believe you may have a reason to pursue a personal injury claim, promptly contacting one of our knowledgeable attorneys is the best way to protect your rights.

Deadlines for Personal Injury Claims South Carolina

The statute of limitations is a law that establishes a time limit on an injury victim’s right to file a lawsuit in civil court. Under South Carolina law, this time limit is strictly enforced, and in most cases, the clock starts ticking as soon as the injury happens. According to South Carolina’s statute of limitations, accident victims have three years from the date of the accident to file a lawsuit. There are, however, some exceptions to this law in limited circumstances.

The statute of limitations period may be paused or extended in the following situations:

The injury victim didn’t discover that they were injured or couldn’t identify who may have caused the injury.

This is common inmedical malpractice lawsuits. An example would be a person who develops cancer after years of taking contaminated medication. In this case, even if it has been longer than three years, the victim may still be able to hold the drug’s manufacturer liable. If a person is hospitalized for a mental illness or is not able to communicate for a short period of time, the time limit can also be extended.

The accident occurred while the victim was a minor.

When a minor sustains an injury, the statute of limitations does not start running until they turn 18. Before a child turns 18, a parent or legal guardian may decide to file on their behalf. Children without someone to do that for them have three years from their 18th birthday to file a claim on their own.

A police officer or government official injured the victim.

An injured victim may file a civil lawsuit two years after the date of the accident if they are unlawfully hurt by a police officer or in a fire truck accident, for example. The state’s Tort Claims Act also requires victims who bring claims against state or local governments to notify a relevant government agency before filing the suit. The injury victims have one year from the accident date or the date they discovered their injury to file this notice.

To find out which laws apply to your situation, talk to a personal injury attorney as soon as possible. An attorney can also assist you by ensuring your claim is filed on time.

Why You Shouldn’t Delay Filing a Personal Injury Claim

Missing the deadline to file may lead to your lawsuit being dismissed by the court, and you will lose your chance to recover damages from the at-fault party. While three years may seem like a long time, it flies by faster than you may think. Immediately following an accident, we recommend that you seek the advice of a personal injury attorney.

Our attorneys can help you determine how the statute of limitations applies to your case and make sure your claim is filed on time.

Suffered an Injury From an Accident in South Carolina? Contact Us Today.

Whether you are approaching the deadline or just need legal advice after an accident, our team of exceptional personal injury lawyers at Query Sautter & Associates is committed to answering your questions and providing the support you need during this difficult time. Contact us online or by calling our office at 843-795-9500.