If you have suffered injuries in a car accident in South Carolina, you may have the right to pursue compensation for medical expenses, lost wages, pain and suffering, and other losses. However, safeguarding your legal rights and securing the maximum financial recovery requires prompt action. South Carolina law enforces strict time limits on filing a claim after an accident, and failing to meet these deadlines could result in losing the compensation you rightfully deserve.
At McCravy, Newlon, Sturkie & Clardy, our experienced Greenwood car accident attorneys have helped countless crash victims across the state get back on their feet after a wreck. We know how overwhelming the aftermath of a collision can be as you struggle to heal from your injuries, pay your bills, and put your life back together. Read on to understand how long you have to file a claim after a car accident in South Carolina.
What Is a Statute of Limitations?
This regulation sets the maximum amount of time to file the case after an alleged offense. The purpose is to ensure claims are brought within a reasonable period from the date of the incident.
This protects defendants from the constant threat of a lawsuit hanging over them indefinitely and preserves evidence while memories are still fresh and records still exist.
Statutes of limitations vary from state to state and depend on the type of case, such as personal injury, breach of contract, or medical malpractice. If you try to file a lawsuit after the statute of limitations has passed, the court will almost certainly dismiss your case, regardless of how strong your claim may be. Therefore, it is critical to be aware of and abide by these legal time limits.
South Carolina Statute of Limitations for Car Accidents
In South Carolina, the statute of limitations for most car accident claims is three years from the date of the crash, according to South Carolina Code Section 15-3-530. This means if you were hurt in a collision that was someone else’s fault, you have three years from the day of the accident to file a personal injury lawsuit against the at-fault party in civil court.
For example, if you were injured in a rear-end accident on January 1, 2025, you would have until January 1, 2026, to sue the driver who hit you. If you wait until January 2, 2028, or later to file your complaint, the court will likely throw out your case and you will be barred from seeking compensation for your damages.
There are a few rare exceptions that may extend, or “toll,” the three-year statute of limitations for car accidents in South Carolina:
- If the injured person is under the age of 18, the three-year clock typically will not start running until the child’s 18th birthday.
- If the at-fault driver leaves the state of South Carolina for a year or more after the accident before returning, that period of absence usually will not be counted as part of the three years.
- If the injured person is deemed mentally incompetent or insane, the statute of limitations may be tolled until their mental disability is removed.
However, these exceptions are uncommon and it is always best to act well before the statute of limitations is set to expire to avoid missing your chance at compensation.
Importance of Acting Quickly After a Car Accident
While three years may seem like a long time, it is important to talk to a lawyer and start building your case as soon as possible after a crash for several reasons:
- Evidence can disappear. Skid marks fade, debris is cleared away, and damage is repaired, making it harder to prove how the accident happened. Witnesses move or forget important details. The sooner your attorney can investigate and preserve evidence, the stronger your claim will be.
- You could make mistakes. The at-fault driver’s insurance company may contact you, asking for a recorded statement or access to your medical records. They may offer you a lowball settlement that does not begin to cover your losses. Without a lawyer to guide you, it is easy to say or sign something that hurts your case.
- You need to focus on your health. Serious car accident injuries could require months or years of costly medical treatment and rehabilitation. You should not have to stress about your legal claim. Let your lawyer handle the paperwork, phone calls, and negotiations so you can concentrate on getting better.
What Damages Can I Recover in a Car Accident Claim?
By filing a car accident claim within South Carolina’s statute of limitations for car accidents, you can pursue compensation for your full range of crash-related losses, such as:
- Past and future medical expenses
- Lost wages from missed work
- Reduced future earning capacity if you are left disabled
- Vehicle repair or replacement costs
- Pain, suffering, and emotional distress
- Lost enjoyment and quality of life
- Scarring and disfigurement
What To Do After a Car Accident in South Carolina
The steps you take after a crash can significantly impact your health, well-being, and legal rights. If you are involved in a car accident in South Carolina, try to stay calm and follow this general advice:
- Check for injuries and call 911. If anyone is hurt, seek immediate medical attention. Even if you feel okay, it is wise to get checked out, as some injuries may not be apparent right away.
- Exchange information with the other driver. Get their name, contact details, insurance information, license plate number, and driver’s license number. Do not apologize or admit fault.
- Talk to witnesses. If anyone saw the accident happen, ask for their names and phone numbers in case your lawyer needs to contact them for statements later.
- Document the scene. If it is safe to do so, take pictures of the damage to the vehicles, your visible injuries, traffic signs and signals, and the surrounding area.
- Call a car accident lawyer. The sooner you have an experienced attorney on your side, the better. Your lawyer can deal with the insurance company, investigate your crash, gather evidence, and handle your claim while you heal.
Our Greenwood Car Accident Lawyers Are Here for You
If you have been injured in a car accident in South Carolina, do not wait to take action. Contact us today for a consultation and case review. We will explain your rights, answer your questions, and discuss your options. Let our experienced Greenwood car accident lawyers put our decades of experience and extensive resources to work for you and your family.