South Carolina Personal Injury Statute of Limitations [2024 Updated]

The South Carolina personal injury statute of limitations is important for all residents to be aware of. Whether you are the victim of an accident that caused a personal injury or not, it’s important to familiarize yourself with your legal rights. Unfortunately, it’s not uncommon for accidents to happen, and you could be involved in one. For example, driving is perhaps the most dangerous thing we do on a daily basis. Accidents happen daily, and you should be ready when they happen.

What Is a Statute of Limitations

A statute of limitations is a legal mandate that determines how much time you have to file a personal injury claim. If you’ve been involved in an accident, you don’t have an indefinite amount of time to file a claim. In South Carolina, the statute is three years. This three-year period starts from the date of the accident. This means you have three years from the date of the accident to file your claim. Failing to do so could cause you to lose your right to pursue financial compensation.

This applies to claims brought against other parties. If you file a claim against a government entity, the statute is two years. This statute is strictly enforced, and there are very limited exceptions.

Applicable Situations

The statute of limitations applies to most personal injury claims in South Carolina. It applies to cases such as:

• Car accidents.
• Medical malpractice.
• Assault.
• Defective product liability.
• Premises liability.

When to Consult With a Lawyer

If you’ve been injured in an accident, the most important thing to do is get the necessary medical attention. Also, if you are able, you should take pictures and videos of the scene. This can serve as evidence in your case. Make sure a police report is also created for the incident. Obtaining information from all other parties involved and any witnesses on the scene can ensure your recollection of the accident is supported by others.

Once the immediate aftermath of the accident is over and you have been cleared medically, that is the moment to consult with a personal injury attorney. You should refrain from speaking with any insurance agent or adjuster, as they are unlikely to have your interests in mind. You may have to report the accident but never admit fault. Anything you say may be used against you in court, and if you admit fault, it could severely damage your case.

FAQs

Q: Where Do I File a Personal Injury Claim in South Carolina?

A: You may file a personal injury claim with the circuit court, sometimes called the Court of Common Pleas. This is the court where nearly all of the civil or criminal cases begin. Information is provided online by the courts to explain the filing process and answer basic questions. Note that if the compensation amount you’re seeking is less than $7,500, you should file your claim with the magistrate court.  A qualified personal injury lawyer can help you file your claim.

Q: Is There a Limit on the Amount of Compensation I Can Receive?

A: Yes, South Carolina places a cap on the amount of personal injury damages you could receive. The cap depends on the details of the claim. For example, if the guilty party you are filing against is a government entity, you may be capped for the amount of compensatory damages you could receive. Compensatory damages are broken into two categories: economic and non-economic. Economic damages are financially verifiable, while non-economic damages are subjective.

Q: What Happens If I Don’t File My Claim in Time?

A: If you don’t file your personal injury claim in time, you may lose your legal right to pursue financial compensation for your injuries. If you do file a claim too late, it will likely be dismissed. You have no leverage to force the guilty party to the negotiating table. Additionally, it may be difficult to find a lawyer who will help you file the claim, as there is little chance of success.

Q: Can the Statute of Limitations for Personal Injury Be Extended in South Carolina?

A: The statute of limitations for personal injury can be extended in South Carolina under the right circumstances. Each personal injury case is unique, and the legal options may vary. One instance where the statute may be extended is if the victim is a minor. The statue may not start until the minor turns 18 years old. If the victim is mentally incapacitated, the statute may be extended to five years from the date of the accident.

Q: How Can a Personal Injury Lawyer Help Me?

A: A personal injury lawyer can help you in several ways. A lawyer can conduct a thorough investigation into your case, gather evidence, negotiate with the opposing parties involved, and represent you in court if necessary. A lawyer can help you pursue fair financial compensation for the injuries and damages you have suffered. It can be difficult to file a personal injury claim on your own. An experienced lawyer can ensure your claim is filed accurately and within the appropriate time frame.

A Legal Team You Can Count On

South Carolina personal injury law can encompass a wide variety of legal cases. It takes an experienced legal team to properly assist you through the personal injury claim process. The worst thing that can happen is for you to wait too long to file your claim. If you fail to file your claim within the designated statute of limitations, you may not receive the compensation you deserve. Engage an attorney immediately regarding your claim.

The legal team at Deas Law Firm is experienced in handling all kinds of personal injury cases. Our team has the knowledge and acumen necessary to successfully navigate the South Carolina legal court system. With our team on your side, you can trust you’re getting the proper legal advice. We pride ourselves on serving multiple communities across South Carolina. We believe residents should have quality legal representation they can trust. Contact us at our office today.