Understanding the Statute of Limitations in South Carolina Injury Cases
If you’re injured because of another person’s negligence, you may choose to take legal action against them. However, don’t wait too long—every state has its own statute of limitations, and if you wait too long to start your claim, you could be left shouldering accident-related expenses on your own.
We can help. At Peake & Fowler, we understand the challenges you face as you seek compensation. Call us at 803-788-4370 to set up a consultation right away.
Time Limits for Injury Cases
In South Carolina, the general rule is that you have three years from the date of your injury to file a lawsuit. Many states have a two-year statute of limitations, so South Carolina gives victims some extra leeway.
However, there are important exceptions to this rule. For instance, if you didn’t discover your injury right away, the discovery rule might give you extra time to file your case. For example, you may have suffered exposure to harmful chemicals due to an unsafe product, but you may not have realized it for several years. It is at that point that the three-year timer starts.
You should also know that there are different laws that apply to medical malpractice claims. They have the same three-year statute of limitations and the discovery rule. However, no matter how late you discover your injury, you cannot sue any later than six years from the date of the malpractice.
Why Timing is Critical
Filing your lawsuit on time is essential because missing the deadline can lead to severe consequences. If you don’t file within the legal time frame, you could be barred from taking legal action altogether. This means you might lose the opportunity to get compensation for your medical bills, lost wages, and other financial losses. The deadline can vary based on your specific situation, so it’s important to talk to an attorney as quickly as possible to figure out what your actual timeline is. This is the case no matter how strong your claim is—you could have undeniable proof of your injuries and the other party’s liability, but if you file your claim even a day late, they can ask the court to dismiss it.
Do You Need a Lawyer?
Navigating the legal system on your own is a challenge. While you can represent yourself, hiring a lawyer often makes the process smoother and increases your chances of success. Consider what’s going on with the other party—their insurance company is investigating the accident, looking for ways to save themselves money, and trying to figure out how to discredit you. Going into injury negotiations on your own with an insurance adjuster who’s highly trained in driving your claim values puts you at great risk of walking away with a paltry settlement—or even no settlement at all.
Common Misunderstandings
One myth we’ve heard is that filing an insurance claim pauses or extends the statute of limitations. This isn’t true. Even if you’re negotiating with an insurance company to secure a settlement, the legal clock is still ticking. You must file your lawsuit within the specified timeframe to protect your chance to get compensation.
Some people also believe that if they talk to a lawyer or start gathering evidence, it automatically extends their time to file. Again, this is simply incorrect. The statute of limitations is a strict deadline, and taking preliminary steps doesn’t affect it at all.
It’s also a mistake to think that the rules are the same for every type of injury case. Different kinds of cases, like car accidents or medical malpractice, can have different deadlines. In some instances, like cases involving a government entity, the time limit can be shorter than the general three-year rule in South Carolina.
Finally, some assume that the statute of limitations is flexible and that exceptions are easily made. This is generally not the case. If you file too late and the other side requests that the case be dismissed—which they will almost certainly do—the court will likely grant that request.
Take the First Step with Peake & Fowler
When you’re ready to start your claim, the team at Peake & Fowler is here for you. Give us a call at 803-788-4370 or get in touch online to start your case today.
