Statute of Limitations

Don't Delay Justice — PEAKE & FOWLER IS READY FOR YOU NOW!

If you or a loved one has been injured due to someone's negligence, you should not put off taking action. Your rights to receive financial compensation may be affected by a delay. The law generally allows you only a certain amount of time to start legal proceedings after your injury. The clock is ticking. Contact Peake & Fowler today to discuss your options.

The statute of limitations puts a limit on the time you have to take legal action in relation to wrongful conduct. How much time do you have? The South Carolina statute of limitations varies, depending on the case. The following are some general statute of limitations guidelines:

The reason for a statute of limitations is that over time, evidence is lost, memories fade and people want to get on with their lives.

South Carolina Discovery Rule

Sometimes an injury occurs, but is not discovered until a later time. In some cases, the "discovery rule" applies. For example, the wrongdoing of a financial professional who embezzled money from a client may not be discovered until years later. Once the wrongdoing is noticed, the statute of limitations clock starts ticking.

Statute of Limitations and "Tolling"

"Tolling" is a term that describes when something has stopped the clock on the statute of limitation for a period of time. Some injuries to children may result in tolling a statute of limitations law. Tolling may occur when the victim is mentally incompetent.

In cases involving children, the minor has one year from the time of his or her 18th birthday to initiate legal proceedings (except in cases of medical malpractice).

With medical malpractice, a statute may not be tolled for more than seven years after the incident giving rise to the claim, or one year after the minor's 18th birthday, whichever is less.

Tough-minded attorneys like the ones at Peake & Fowler Law Firm, P.A. can assist you with questions about your case and the statute of limitations if you or your child has been injured. With any type of personal injury case, it's wise to consult with an attorney as soon as you can. Too much is at stake to risk ending your case because the statute of limitations expired.

Contact a Personal Injury Lawyer with Our Firm

If you have suffered an injury in South Carolina, contact Peake & Fowler Law Firm, P.A. Our lawyers have more than 75 years of combined experience. We have handled all types of personal injury cases for families and individuals in Columbia and throughout South Carolina.

Remember, you don't pay us unless we get money for you. Call 1-800-WIN-WIN-1 or (803) 788-4370 today.