Hurt in an accident in Anderson or elsewhere Upstate? You have the right to seek compensation through a personal injury claim. These are time-sensitive cases. This raises an important question: What is the statute of limitations in South Carolina for personal injury? The short answer is that most personal injury claims in South Carolina are subject to a three-year statute of limitations. Though there are some exceptions in both directions. Here, our Anderson personal injury lawyer provides a guide to the statute of limitations for personal injury claims in South Carolina.
South Carolina Statute of Limitations Personal Injury: Explained
You do not have an indefinite period of time to bring a personal injury claim in South Carolina. These are time-sensitive legal cases. The deadline for a personal injury case in Anderson falls under South Carolina state law. The statute of limitations sets the deadline. Under South Carolina law (S.C. Code § 15-3-530(5)), personal injury claims must generally be filed within three years from the date the injury occurred or the date it reasonably should have been discovered. The rule applies to a wide range of cases, including car accidents, truck crashes, slip and falls, and other negligence cases.
The statute of limitations matters. It is a firm and legally enforceable deadline. Missing the filing deadline for a personal injury case can have very severe consequences. Once the statute expires, courts almost always dismiss the claim. To be clear, that happens regardless of its merit. Insurance companies know this and often delay or stall communications to run out the clock. You do not want to miss your chance to get justice and financial compensation. Be proactive: Speak to an Anderson, SC personal injury lawyer right away after a bad accident.
Limited Exceptions to the SC Statute of Limitations Personal Injury
Personal Injury Claims Against Government Entities (Shorter Deadline)
When the defendant is a state or local government agency, different rules apply. Under the South Carolina Tort Claims Act (S.C. Code § 15-78-110), you must file a verified claim notice within one year, and the lawsuit itself must be filed within two years of the incident. If the government acknowledges the claim in writing, the period may extend to three years. The failure to meet the technical requirement could result in your personal injury claim being time-barred.
Personal Injury Claim Involving a Minor (Extended Deadline)
When the injured person is under 18 at the time of the accident, the statute of limitations is paused (“tolled”) until they reach the age of majority. Once the victim turns 18, only then does the three-year period begin. The extension ensures that minors are not unfairly denied access to the courts because of their age. Our Anderson, SC personal injury lawyers have the skills and experience to protect the rights of minor victims.
Mental Incapacity (Extended Deadline)
If the victim is mentally incapacitated at the time of the injury, the statute may be tolled until capacity is restored. South Carolina courts apply this rule narrowly, requiring medical or legal evidence of incapacity. Once restored, the claimant must act promptly to file within the remaining time. Family members can often help a victim who has been incapacitated by a serious accident.
Wrongful Death and Survival Actions (Separate Rules)
For wrongful death claims, S.C. Code § 15-3-530(6) also establishes a three-year statute of limitations, but the period begins on the date of death, not the date of the accident. Along the same lines, a survival action claim (filed by the estate for the decedent’s pain and suffering before death) follows the same deadline.
Medical Malpractice (Complex Exceptions)
Medical malpractice cases are subject to their own discovery rule and, in most cases, three years from discovery or six years from the act of negligence, whichever comes first. Additional procedural steps, including filing a Notice of Intent to File Suit and expert affidavits, can affect the timeline. If you have any questions, our Anderson medical negligence lawyer can help.
Note: The personal injury statute of limitations in South Carolina is strictly enforced. While these aforementioned exceptions exist, they are all relatively narrow. You should not rely on an exception to the South Carolina personal injury statute of limitations unless it is necessary.
A Proactive Approach is Best (Do Not Fall Behind the Insurance Company)
You do not want to fall behind the defense and/or its insurance company in the personal injury claims process. There is no reason to wait to take action. All serious accidents should be investigated right away. A top-rated Anderson, SC personal injury lawyer can help.
Why Trust Our Anderson Personal Injury Attorney
Personal injury claims are complicated. It is normal to be filled with questions about the legal process, including key deadlines, such as the statute of limitations. At McCravy, Newlon, & Clardy Law Firm P.A., we are leaders in personal injury law. Our case results and client testimonials demonstrate our record of success. We have a law office right here in Anderson, and we know the community very well. Often called the “Electric City” for its early adoption of hydroelectric power, Anderson serves as a regional hub for manufacturing, health care, and education. Our firm is located in the 29625 zip code, and we are proud to fight for justice for victims across the entire region, including in 29621, 29622, 29623, and 29624.
Set Up a Free Case Review With Our Anderson, SC Personal Injury Attorney
At McCravy, Newlon, & Clardy Law Firm P.A., our Anderson personal injury lawyer has the knowledge, skills, and experience that you can trust. If you have any questions about the deadline to bring a lawsuit, we are more than happy to help. Contact us today for a free, no-obligation initial consultation. With an office in Anderson, we fight for justice for injured victims in the 29625 zip code and throughout the region in Upstate South Carolina.