Time Limits on Filing a Law Suit for an Injury - Peake & Fowler

Time Limit in South Carolina on Filing an Injury Claim

If you have been injured in an accident or have an insurance claim in South Carolina, there are some state laws that could impact the outcome of your case. One of the most important laws relates to how long you have to file an injury claim after an accident. This could depend on the circumstances of your accident and the type of injury claim that you have.

What is a Statute of Limitations?

A time limit to file an injury claim is often referred to in legal terms as the “statute of limitations.” This is a legal rule that defines the amount of time that you have to file a lawsuit. If you try to file a lawsuit after the statute of limitations has run, your claim will be barred, and the defendant will automatically win the case. The purpose of the state’s statute of limitations is to limit the number of cases brought before the courts and help defendants with potentially frivolous lawsuits.

Each state has its own statute of limitations for various types of lawsuits, including different types of personal injury cases. A statute of limitations doesn’t necessarily start to run at the moment an accident or injury takes place. Instead, the statute of limitations will begin at the time a person knows or should have known that they suffered from harm as well as the nature of that harm.

Some circumstances may also allow for the statute of limitations to be extended. This is particularly true in accidents involving minors. For example, an injured minor will typically not have their statute of limitations clock begin until they reach the age of 18. Also, if someone was incapacitated or suffered from a severe mental illness, their statute of limitations might be extended due to disability.

How Long You Have to File an Injury Claim in South Carolina

In South Carolina, the statute of limitations for filing any type of personal injury claim is three years, unless the defendant is a government entity, then it is two years, unless a “statement of claim” has been filed within the first year. This time limit is set in the South Carolina Code of Laws, Title 15 Chapter 3. For cases that allege false arrest, slander, libel, false imprisonment, and defamation, the time limit is two years. The statute of limitations is fairly clear cut in most personal injury cases, such as car and truck accidents.

In many cases, South Carolina uses the “discovery rule,” which could extend the time period allowed to file an injury claim. Under the discovery rule, the statute doesn’t begin until the date that an injury party both knows of an injury and that there is the existence of a cause of action against another party.

Time Limits for South Carolina Work-Related Accident Claims

The time limits to report and file suit on a work-related injury are different than those for a personal injury case. These are governed by the state’s workers’ compensation code. For example, employees have just 90 days to report a work-related accident or injury. In the case of an occupational disease, the “accident” date is the time that the employee either becomes aware of the condition or becomes disabled.

There is another time limit for work-related injuries that applies to the formal filing of a workers’ compensation claim. An injured worker has just two years from the date of injury to file a worker’s compensation claim with the state Commission.

South Carolina Wrongful Death Statute of Limitations

The statute of limitations for filing a wrongful death claim in South Carolina is the same as that of a personal injury claim. That means that if you have lost a loved one in a car accident, truck accident, pedestrian accident, products liability or premises liability case, you only have three years to file a lawsuit (two years if the Defendant is a government entity). The discovery date rule also applies here, which means that the statute of limitations won’t begin to run until the date that you were aware that negligence was the cause of a loved one’s death.

Get Help With Your South Carolina Injury Case

Letting your case go past the legal time limits to file an injury claim is one sure way to ensure that your case is dismissed. This is why it’s a good idea to speak with an experienced South Carolina accident attorney as soon as possible after your accident. Giving yourself plenty of time to heal, gather evidence, and build your case is the best way to work towards collecting the compensation you deserve. Contact the personal injury attorneys at Peake & Fowler at (803) 788-4370 now to schedule a free consultation to discuss your case.