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Statute of Limitations on Personal Injury Claims

Duncan and Nobles LLC Dec. 26, 2023

The statute of limitations refers to a law that sets a strict time limit on your right to have a lawsuit heard in the state's civil court system. The purpose of these rules is to ensure that lawsuits are filed in a timely manner, while evidence and memories are still fresh. It also protects defendants from facing potential legal claims indefinitely. 

In South Carolina, the personal injury statute of limitations is three years. This means you've got three years from the date of the accident to file a lawsuit against those responsible. 

Sound straightforward? Well, it's not always that simple. Certain factors can delay or even pause this clock, which we'll delve into later. 

When Does the Clock Start Ticking?

Typically, the clock starts running on the date of the underlying accident. This applies to personal injury cases driven by negligence and intentional tort. So, whether someone crashed into your car or intentionally harmed you, the countdown begins from the day the incident occurred. 

But what happens if the deadline has passed? Unfortunately, if you miss this window, the court will likely dismiss your case, unless there's a rare exception. 

Three Years Sounds Like a Long Time. Why?

Three years may seem like quite a long time to file a lawsuit, especially when you consider how quickly memories can fade and evidence can disappear. However, the statute of limitations is in place to protect both the plaintiff and defendant in a legal case. 

  • For plaintiffs, the three-year window allows enough time to seek medical treatment for any injuries sustained in the accident, gather evidence, and consult with an attorney. With all that to consider, three years can start feeling like not enough time.  

  • For defendants, it ensures that they won't face unexpected legal claims long after the incident occurred. This gives them the ability to confront any potential lawsuits in a timely manner, rather than being caught off guard years down the line. 

Exceptions to the Rule

Now, let's talk about those exceptions. South Carolina has identified several scenarios that might pause the statute of limitations clock, effectively extending the filing deadline. 

As we mentioned earlier, you typically have three years from the date of the incident to file a lawsuit. But life isn't always straightforward, and South Carolina recognizes this. There are exceptions that could extend your filing deadline: 

  • Legal Disability: If the injured person was under the age of 18 or declared "insane" at the time of the accident, they are considered to be under a "legal disability. " In this case, the clock doesn't start ticking until the period of disability ends, after which they have one year to file a civil lawsuit. 

  • Defendant's Absence: If the defendant leaves South Carolina for one continuous year or more after the accident, that period of absence might not count as part of the three-year filing period. It's like hitting pause on the countdown. 

These exceptions can be a lifeline in certain circumstances, but they can also complicate matters. That's why it's crucial to consult with an experienced South Carolina personal injury attorney who can guide you through the process, no matter what.  

Case by Case

The statute of limitations can change depending on the type of case in South Carolina. While the time limit for personal injury cases is typically three years, other types of cases may have different statutes.  

For instance, medical malpractice claims must be filed within three years from the date of the injury or when the injury should have been discovered, but no more than six years from the date of the alleged negligence. 

For wrongful death cases, the clock starts ticking on the date of the person's death, not the date of the accident that led to the death. The time limit for these cases is also three years. 

It's important to note that these are general guidelines and exceptions may apply, which could either shorten or extend these deadlines. That's why it's crucial to consult with us, your South Carolina legal team, to ensure you're working within the correct time frame for your specific case. 

What Happens if I Missed My Filing Deadline?

If you miss the filing deadline, it's usually not good news. In South Carolina, if you try to bring your personal injury lawsuit to court after the three-year window has passed, there's a high chance the defendant will ask the court to dismiss your case. And more often than not, the court will agree. 

But don't lose hope just yet. Remember those exceptions we talked about earlier? If you were under 18 or declared "insane" at the time of the accident, or if the defendant was absent from South Carolina for a continuous year or more after the accident, you might still have a shot. 

What Should You Do if the Deadline Is Approaching?

If the deadline is approaching or has already passed, don't lose hope. It's in your best interest to consult with an experienced South Carolina personal injury attorney. After all, it's our job to help you navigate these complex laws and ensure your rights are protected. 

Remember, each case is unique and deserves careful consideration. So, don't hesitate to reach out to us. We're committed to standing by your side every step of the way, offering our knowledge and support to help you through this challenging time. 

In conclusion, understanding the statute of limitations on personal injury claims in South Carolina is crucial. It's not just about knowing the law; it's about being prepared and taking timely action. So, let's work together to ensure your voice is heard and justice is served.