If you’ve been injured in an accident, your priority is healing. However, as you’re focusing on your recovery, there’s something else you need to keep in mind: The statute of limitations for your personal injury claim.
In South Carolina, the law gives you a limited amount of time to take legal action. This time limit is called the South Carolina personal injury statute of limitations. Once it runs out, you may lose your right to recover any compensation, no matter how serious your injuries are.
South Carolina’s statute of limitations for personal injury is meant to keep the legal process fair and timely. It protects both sides by encouraging claims to be filed while the evidence is still fresh.
That’s why it’s important to act quickly to talk with an experienced personal injury attorney who can help you navigate the legal system. By acting quickly, you can protect your rights and help strengthen your case.
What Is the Statute of Limitations in a Personal Injury Case?
The statute of limitations is one of the South Carolina personal injury laws. It’s a legal deadline that dictates the amount of time you have to file a lawsuit after you’ve been hurt in an accident. If you don’t file your personal injury claim within this time limit, you could lose your right to seek compensation, no matter how serious your injuries are or how at fault someone else was.
In South Carolina, in most cases, the statute of limitations for personal injury cases is three years. That means you have three years from the date of your accident or injury to take legal action. This rule applies to cases such as car accidents, slips and falls, and other injuries caused by the negligence of another person.
It might seem like three years is a long time, but when you’re dealing with medical treatment, missed work, and insurance companies, that time can go by quickly. That’s why it’s so important to know your deadline and start the legal process early if you think you might have a case.
Exceptions to the Statute of Limitations
While the general three-year deadline applies in most cases, certain situations may alter the timeline:
- Claims Against Government Entities: If your claim is against a city, county, or state agency, you may have a shorter timeline of two (2) years and/or special notice requirements.
- Injuries to Minors: If the injured person is under 18, the statute of limitations for claims belonging to the minor may be paused (“tolled”) until they reach adulthood.
- Incapacitated Individuals: If the injured party is mentally incapacitated, the clock for claims belonging to the incapacitated person may be paused until they are deemed competent.
- Discovery Rule: In some cases, the injury or its cause may not be immediately apparent. For example, in the case of medical malpractice, the clock might not start ticking until the injury is discovered or should have been reasonably discovered. Although the statute of limitations may be extended in these cases, the time for filing is still limited by the statute of repose.
What Happens if You Miss the Deadline?
Failing to meet the deadline for filing a personal injury lawsuit in South Carolina can have severe consequences. If you don’t file your case within the time allowed by the South Carolina personal injury statute of limitations, the court will most likely refuse to hear your case, regardless of how valid your claim is.
If you fail to take legal action within the statute of limitations, you could lose your right to seek compensation for your medical bills, lost wages, pain and suffering, and any other damages related to your injury. Even if the other person was clearly at fault, missing the deadline could leave you with no legal recourse.
Insurance companies know these deadlines inside and out. If they realize the statute of limitations has expired, they have no reason to settle with you. You’ll lose all your negotiating power the moment the time limit passes.
Why You Should Speak to a Personal Injury Attorney Early
When you’re recovering from an injury, it’s easy to put off speaking to a lawyer. You might think you have plenty of time, or that the insurance company will “do the right thing.” However, the sooner you talk to a personal injury attorney, the better your chances of protecting your rights and getting the compensation you deserve.
A lot happens in the early days after an accident. Evidence can disappear. Witnesses’ memories fade. Surveillance footage might be deleted. An experienced personal injury lawyer knows exactly what to look for and how to preserve that critical evidence. The earlier they’re involved, the stronger your case can be.
Insurance companies also move fast, and most often not in your favor. Their goal is to pay as little as possible, and they often reach out early with quick settlement offers that don’t come close to covering your full damages.
If you haven’t spoken to an attorney, you might accept an offer without realizing you’re signing away your right to future compensation. A lawyer can step in to handle these conversations, so you don’t get taken advantage of during a vulnerable time.
Your attorney can also help you obtain the necessary medical care, address billing issues, and ensure that all documentation is properly maintained for your claim.
How a Greenville Personal Injury Lawyer Can Help
The lawyers at David R. Price, Jr., P.A., are here to take the weight off your shoulders. We’ll handle the legal side of things so you can focus on healing and moving forward.
Here’s how we can help:
- Investigate your case thoroughly to uncover the truth and identify all sources of liability.
- Deal with the insurance companies so you don’t have to. We handle the calls, the paperwork, and the negotiations.
- Gather evidence like witness statements, medical records, and expert opinions to strengthen your case.
- Calculate the full value of your claim, such as medical expenses, lost income, pain and suffering, and future care needs.
- Negotiate aggressively to reach a fair settlement, or take your case to court if the insurance company refuses to treat you fairly.
Contact a Greenville Personal Injury Lawyer
If you’ve been hurt due to someone else’s negligence, the South Carolina personal injury statute of limitations is something you need to become familiar with. While the general deadline for this is three years, some exceptions could shorten or extend this timeframe.
Missing the deadline can mean losing your right to compensation early, so it’s important to bear this in mind and speak to a personal injury attorney early. This way, you can also preserve evidence and avoid missteps with insurance companies.
Contact David R. Price, Jr., P.A., at 864-271-2636 for a free consultation. Let us handle the legal aspects so you can focus on your recovery.