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South Carolina Personal Injury Statute of Limitations

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If you have been injured in an accident that was caused by another personโ€™s carelessness in South Carolina, it is essential to be aware of the state’s personal injury statute of limitations. This law determines the amount of time you have to file a lawsuit against the responsible party to seek compensation for your injuries and losses. At McCravy, Newlon, Sturkie & Clardy, our experienced Greenwood personal injury lawyers believe it is important for South Carolina residents to understand the details of this law and how it could impact their legal rights after an accident.

What Is the South Carolina Statute of Limitations for Personal Injury Cases?

South Carolinaโ€™s personal injury statute of limitations is three years from when the victim suffered the injury, according to South Carolina Code Section 15-3-530. This means that if you were hurt in a car crash, slip and fall, or other accident, you have three years to file a lawsuit against the at-fault party in civil court.

However, there are some exceptions to this general three-year deadline that are very important to note:

  • Discovery rule: In certain situations, known as the “discovery rule,” the three-year clock may not start ticking on the date the injury occurred, but rather the date the injury was discovered or reasonably should have been discovered. This exception most commonly applies in cases involving hidden injuries, medical malpractice, or illnesses that develop over time, like mesothelioma from asbestos exposure.
  • Claims against government entities: If your injury claim is against a South Carolina county, city, or state government agency or employee, you must follow a different set of rules and deadlines. Under the SC Tort Claims Act, you are required to file a formal claim with the government entity within one year of the date of injury. The government then has 180 days to respond. If your claim is denied, you have one year from the date of denial to file a lawsuit.
  • Accidents involving minors: When the injured party is a minor child under 18, they have one year from the date of their 18th birthday to file a personal injury lawsuit regardless of when the injury occurred. So, if a child is injured in a car accident at age 10, they would have until age 19 to initiate legal action.
  • Wrongful death: In the tragic event that an accident or injury results in death, the decedent’s family has three years from the date of death (not the date of the accident) to file a wrongful death suit in South Carolina.

It is advisable to consult with an experienced Greenwood personal injury attorney as soon as possible after an accident to protect your rights and begin building your case. Crucial evidence can disappear, and witness memories can fade over time.

What Happens if I Miss the SC Statute of Limitations Personal Injury Deadline?

If you try to file a personal injury lawsuit after the statute of limitations has expired on your case, the defendant (the party you are trying to sue) will almost certainly bring this to the court’s attention and file a “motion to dismiss.” Except in very rare circumstances, the court will grant this motion, and your case will be dismissed, meaning you have lost your right to seek compensation through the court system.

While it may still be possible to pursue an insurance claim even if the statute of limitations has passed on a lawsuit, insurance companies are under no legal obligation to settle a claim or negotiate in good faith if they know there is no threat of a lawsuit. This severely limits your leverage and ability to secure fair compensation.

To avoid a situation where your legal options are limited or erased entirely because of a missed statute of limitations deadline, it is wise to get the clock on your side by involving a knowledgeable attorney early in the process. A Greenwood personal injury lawyer can work to negotiate a fair insurance settlement on your behalf while still preserving your right to sue if negotiations break down.

What Types of Cases Does the South Carolina Personal Injury Statute of Limitations Apply To?

The three-year statute of limitations we have been discussing applies to a wide range of personal injury cases, including but not limited to:

  • Car, truck, and motorcycle accidents
  • Pedestrian and bicycle accidents
  • Boating accidents
  • Slip and fall accidents and other premises liability cases
  • Defective product claims
  • Dog bites
  • Nursing home abuse and neglect
  • Assault and battery (note that criminal charges may apply as well)
  • Defamation (libel and slander)

Any situation where one party’s negligence causes injury or other damages to another party will likely be subject to the standard three-year statute of limitations in South Carolina.

How Can a Greenwood Personal Injury Attorney Help?

If you have been injured through no fault of your own, you should not have to bear the physical, emotional, and financial burdens on your own. A skilled personal injury lawyer in Greenwood can fight for the compensation you need and deserve while ensuring your case meets all applicable statute of limitations requirements and other deadlines.

Some of the ways an attorney can assist with your Greenwood personal injury claim include:

  • Explaining your rights and legal options
  • Investigating your accident to gather important evidence
  • Identifying all potential sources of compensation
  • Dealing with insurance companies on your behalf
  • Working with medical and financial professionals to calculate your damages
  • Negotiating aggressively for a fair settlement
  • Taking your case to court if a reasonable settlement cannot be reached

We Are a Call Away

At McCravy, Newlon, Sturkie & Clardy, we have decades of combined experience standing up for the rights of injured individuals and families across South Carolina. We understand the immense toll an unexpected injury can take and are here to provide the caring, competent legal representation you need during this challenging time in your life.

If you have questions about how the South Carolina statute of limitations personal injury law may apply to your case, or if you are ready to speak to an attorney about your legal options, contact us today for a free consultation. We look forward to putting our experience and resources to work for you.

Frequently Asked Questions

Do I need a lawyer?

The best way to know if you need a lawyer is to ask. If you have injuries that you received medical attention for, itโ€™s worth having a legal consultation. Your consultation is where you can decide if you want to hire a lawyer. Weโ€™ll explain the pros and cons and how a lawyer may help you

How much is my case worth?

Case values vary. Your losses and the strength of the legal case are the primary factors. The ability to collect compensation is important, too. There are things you can do to maximize the value of your case. Our lawyers can help.

Will my case settle?

Most cases settle. Building a strong case and negotiating effectively can help you reach a settlement. Weโ€™ll evaluate your case and the factors that make a case likely to settle. When we represent you, weโ€™ll work towards your goals. That includes a settlement, if you choose.

What happens if I have to file a lawsuit?

Sometimes, you must file a lawsuit to get the compensation you deserve. Even most cases that are filed still result in settlement. Filing the case makes the defense respond and it moves the claim forward. As your lawyer, we take care of the filing documents and legal procedure.

Should I speak with the insurance company before hiring a lawyer?

No. The insurance company can use your statements against you. They may try to confuse you or pressure you to accept a low offer. This is true even if you havenโ€™t hired a lawyer yet. We can start representing you as soon as you sign up. Then, we speak to the insurance company for you.

Should I allow an insurance company access to my medical records?

Insurance companies like broad disclosures of medical records. Theyโ€™re looking for things that might embarrass you or things they can use to minimize compensation, like pre-existing conditions. Our lawyers can help you respond to a request for medical records.

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