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The general statute of limitations for personal injury in South Carolina is three years. But there are many exceptions.
Shealey Law Firm explains the South Carolina statute of limitations for personal injury and what you need to know.
What Is a Statute of Limitations in Personal Injury Cases?
A statute of limitations in a personal injury case is a deadline to start the case. There is a firm time limit for filing the first court paperwork. It’s unforgiving. Even if you have a strong case, if you miss the deadline, the case may be quickly dismissed.
What’s the purpose of a statute of limitations?
The statute of limitations exists to:
- Litigate cases while the evidence is fresh and available.
- Give people finality and closure when it comes to past events.
- Make the judicial process more efficient by litigating claims promptly.
Whether the statute of limitations is good or fair is a matter of debate. There is the question of how much time is fair, which is why states have different statutes of limitations for different types of cases. It’s also why different states reach different conclusions when setting limitation periods for their respective jurisdictions.
How Long Do You Have To File a Personal Injury Lawsuit in South Carolina?
The basic rule is that a personal injury victim has three years from the date of the injury to file a lawsuit. S.C. Code § 15-3-20 says that civil actions must commence within prescribed periods. S.C. Code § 15-3-530(5) creates three years for assault, battery, and injury to any person not arising from a contract.
The South Carolina personal injury statute of limitations can be even shorter for claims falling under the Tort Claims Act. But there are also situations where the time limit can be extended or tolled.
Are There Exceptions That Can Extend the Filing Deadline?
Several exceptions can extend the filing deadline for the SC statute of limitations for personal injury.
Delayed discovery
If the person did not know, and reasonably should not have known, that they had a valid claim. The discovery rule may extend the limit to three years after the cause of action was known or should have become known.
Defendant out of state
- Action accrues while the defendant is out of state; it may commence when they return.
- Action accrues, and then the defendant leaves the state for one year or more; that time doesn’t count toward the time limit.
Minors/children
Up to age 19 or three years from when the injury occurred, whichever is later.
Mental disability
The time limit is extended up to five years or one year after disability ceases. Disability must exist when the action occurs.
Medical malpractice
- Extend up to six years for delayed discovery.
- Tolled for up to seven years for a minor, and up to one year after minority age ends; also for collusion/fraud between parents and the defendant’s insurance or healthcare provider.
Wrongful death
The time limit starts on the date of death, not the date of injury. (S.C. Code 15-3-530(6)).
Are There Exceptions That Can Shorten the Filing Deadline?
Special Rules for Government Claims and Medical Malpractice
Tort Claims Act claims
Two years or three if you file a verified petition within one year (S.C. Code § 15-78-80).
Medical malpractice
Foreign objects in the body are two years or up to three with the discovery rule.
What Happens If You Miss the Deadline?
If you miss the statute of limitations deadline, it’s almost certain that you will receive nothing for your case. You can still file the case, but the defense will quickly raise the issue. The court will likely dismiss the claim without hearing its merits.
Why You Should Act Quickly on a Personal Injury Claim
Don’t wait to act on a personal injury claim.
- The time limit may be shorter than you think.
- Working quickly preserves evidence, making your case more efficient.
- If your case is dismissed for lack of jurisdiction or non-service, you may have time to file again.
- The sooner you file, the sooner you get compensated.
What You Should Know About the SC Personal Injury Time Limit
As personal injury lawyers, we want you to know that there is a statute of limitations that applies to every personal injury case in South Carolina. Often, the limit is three years, but it’s two for Tort Claims Act and medical malpractice foreign object cases. Also, there are circumstances where the limit is longer than the usual three years.
You should know these three things:
- There is a statute of limitations.
- The statute of limitations is unforgiving—you will lose your case if you miss it.
- You shouldn’t assume what the statute of limitations is for your case, as many exceptions can change the answer.
It’s always best to contact an attorney as soon as you realize that you may have a claim.
How do you meet the statute of limitations in South Carolina?
In South Carolina, a statute of limitations is met by filing a summons and complaint in court and completing service of process within 120 days of the injury.
Contact an Experienced Columbia Personal Injury Lawyer
Contact an experienced Columbia personal injury lawyer. Get immediate help with your claim. Call or message Shealey Law Firm.