If you have been injured in an accident in South Carolina, you have the right to seek compensation for your damages through a fault-based personal injury claim. However, these cases are time-sensitive. South Carolina imposes a strict three-year statute of limitations for most personal injury claims, with only very limited exceptions. Our Charleston personal injury attorney provides an overview of what you need to know about the state’s statute of limitations.
Know the Statute: South Carolina Personal Injury Statute of Limitations
You have a limited amount of time to bring a personal injury lawsuit in South Carolina. S.C. Code Ann. § 15-3-530(5) sets a three-year statute of limitations for actions seeking damages for personal injury. In practical terms, this means that an injured victim generally has 3 years from the date of the injury to file a civil lawsuit.
The statute of limitations applies to a wide range of negligence-based claims. Indeed, motor vehicle crashes, slip-and-fall cases, and many other accident claims fall under the three-year limitations period. If a lawsuit is not filed before the statutory deadline expires, the court will typically dismiss the claim as time-barred. Do not miss your chance to seek justice and compensation: Get help from a Charleston personal injury lawyer as soon as possible after a serious accident.
The Exceptions to the South Carolina Personal Injury Statute of Limitations (Narrow)
South Carolina law recognizes only limited exceptions to the three-year statute of limitations for personal injury claims. These exceptions are narrow in scope. The following are three notable exceptions to be aware of:
Discovery: The discovery rule is an important exception. It applies when an injury is not reasonably discoverable at the time it occurs, which is uncommon in personal injury cases. Under South Carolina law, the statute of limitations may begin when the injured party knew or should have known of their injury.
- Minor Victim: Another exception is when the injured person is a minor at the time of the accident. In these cases, the statute of limitations may be tolled. removed. For example, when a minor is injured, the limitations period may not begin until the individual reaches the age of majority. However, a parent of a minor can bring a claim on behalf of the minor without waiting.
- Claims Against the Government: Claims involving government entities are subject to special procedural rules. The South Carolina Tort Claims Act implements a shorter two-year statute of limitations unless a verified claim is first presented to the government agency. Certain cases also require an even shorter notice period. Therefore, there is less time to bring a personal injury claim against a local or state government entity in South Carolina.
Why You Need to Act Right Away After a Serious Accident
Taking early action in the personal injury claims process is crucial. Though three years may seem ample time to pursue legal action, key evidence can be lost quickly. Waiting to begin your case can make it more difficult to present a strong claim.
Call Our South Carolina Personal Injury Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston personal injury lawyer is ready to help you secure the compensation you deserve. Contact us now for a free, no-obligation case review. Act quickly, your rights and recovery may depend on it.