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Columbia Personal Injury Attorney > Blog > Personal Injury > South Carolina Statute of Limitations in Personal Injury Cases

South Carolina Statute of Limitations in Personal Injury Cases

South Carolina Statute of Limitations in Personal Injury Cases

If you’ve suffered accidental injuries in South Carolina and believe someone else was to blame, you should understand the statute of limitations for personal injury cases. The statute of limitations sets a deadline for filing a lawsuit, and if you wait too long, you may lose your right to seek compensation for your injuries.

While you might be undergoing medical treatment for injuries and worrying about a pile of medical bills, you should never put off beginning the legal process due to these deadlines.

Read on to learn more about what a statute of limitations is, the specific deadlines for personal injury cases in South Carolina, the types of cases that have these deadlines, possible exceptions to extend the statute of limitations, and why it’s so important to consult a South Carolina personal injury attorney as soon as possible.

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What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time period during which you can initiate a legal proceeding. In personal injury cases, it establishes the deadline for filing a lawsuit after suffering an injury. Statutes of limitations vary from state to state, and it’s crucial to understand the specific laws in South Carolina to protect your rights.

Statutes of Limitations in South Carolina for Personal Injury Cases

In South Carolina, the statute of limitations for personal injury cases is generally three years from the date of the accident or injury. This means that if you’ve suffered an injury due to someone else’s negligence, you have three years to file a lawsuit seeking compensation for your damages. It’s important to note that if you fail to file within this timeframe, the court will likely dismiss your case.

What Types of Cases Have this Deadline?

The three-year statute of limitations applies to various types of personal injury cases in South Carolina. Let’s take a closer look at two common examples:

Vehicle Accidents

The three-year statute of limitations applies if you’ve suffered an injury in a car accident, motorcycle accident, or any other type of motor vehicle accident. Whether it’s a result of a driver’s negligence, a defective vehicle, or road hazards, you must take action promptly to protect your rights.

Slip and Falls

In cases where you’ve suffered an injury due to a slip and fall accident on someone else’s property, the three-year deadline also applies. Property owners have a duty to maintain safe premises, and if their negligence leads to your injuries, you have the right to seek compensation within the designated time frame.

Statute of LimitationsPossible Exceptions to Extend the Statute of Limitations

While the three-year statute of limitations is generally the rule for personal injury cases in South Carolina, some exceptions may extend the filing deadline. These exceptions are typically rare but may allow you to pursue your case even if the time limit has passed.

Some examples of possible exceptions include:

  • Discovery of Injury: If your injury was not immediately apparent and was only discovered later, the statute of limitations might start from the date you discovered or should have discovered the injury.
  • Minority: If the injured party is a minor at the time of the accident, the statute of limitations may be extended until they reach the age of majority.
  • Mental or Physical Incapacity: If the injured party is mentally or physically incapacitated, the statute of limitations may be tolled until they regain capacity.

Always consult a South Carolina personal injury attorney who can assess your situation and determine if any exceptions apply.

Other Deadlines for Car Accident Claims in South Carolina to Consider

While the three-year statute of limitations is the primary deadline to keep in mind for personal injury cases, there are other time-sensitive requirements to be aware of if you’re involved in a car accident in South Carolina. These requirements are crucial for filing insurance claims and seeking compensation from the at-fault driver.

Some important deadlines include:

  • Reporting the Accident: You must report the accident to law enforcement within a reasonable amount of time, typically within 24 hours for serious accidents or as soon as practicable.
  • Notifying Your Insurance Company: You should have your lawyer notify your insurance company of the accident as soon as possible. If you fail to provide timely notice, it may jeopardize your ability to recover compensation.
  • Bringing Claims Against Government Entities: The South Carolina Tort Claims Act allows injured people to file claims against negligent government agencies in certain situations. The deadline for these claims is two years from the date of the injury. 

Understanding these additional deadlines is necessary for protecting your rights and ensuring you can pursue the compensation you deserve after a car accident in South Carolina.

Fortunately, one of the first things a personal injury lawyer will do is establish all the applicable deadlines for your specific case, possible exceptions, and more to ensure they file your case on time.

Never Wait to Consult a South Carolina Personal Injury Attorney

When it comes to personal injury cases, time is of the essence. Waiting too long to consult a personal injury attorney can have severe consequences and may result in the loss of key evidence or the expiration of the statute of limitations.

By contacting a South Carolina personal injury attorney as soon as possible, you can maximize your chances of obtaining fair compensation for your injuries and damages.

Personal Injury Attorney

A skilled personal injury attorney will guide you through the legal process, gather evidence to support your case, negotiate with insurance companies on your behalf, and, if necessary, represent you in court. They have the knowledge and experience to navigate the complexities of personal injury law and will fight diligently to protect your rights.

If you suffered an injury in South Carolina, don’t wait to seek legal representation. Contact a trusted injury law firm near you for your free consultation.

Remember, you have limited time to take legal action, so act now to protect your rights and get the justice you deserve. The sooner you set up a meeting, the sooner your lawyer can begin working to obtain the compensation you deserve. 

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Marc Brown is an experienced slip and fall attorney that serves the entire states of South Carolina and Georgia.

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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.

Dedicated

We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award