In South Carolina, injury victims are given three years from the date of an auto accident to file a claim seeking compensation from the at-fault party. Though there are a few very limited exceptions to this strictly enforced rule, it is wise to consult with a personal injury attorney as soon as possible in case they do not apply in your situation. If you do not comply with the correct deadline, you will likely forfeit your right to seek compensation in civil court.
The legal team at McKinney, Tucker & Lemel, LLC, is standing by to help. We have decades of experience fighting for the rights of injury victims throughout South Carolina. Let us put that experience to work for you. Contact us today to schedule a free, no-obligation consultation with a knowledgeable personal injury lawyer. Read on to learn more about the statute of limitations in South Carolina.
What Is the Filing Deadline for a Car Accident Lawsuit in South Carolina?
Each state sets a deadline for filing personal injury cases after an accident. The deadline is set by a law known as the statute of limitations. Again, in South Carolina, injured parties have three years from the date of an auto accident to file a lawsuit seeking compensation from the at-fault party.
This may seem like a long time. However, the longer you wait to file your claim, the more time there is for important evidence to disappear or deteriorate, as well as for memories to fade. By contrast, the sooner you have your case reviewed by a skilled attorney, the more time they will have to investigate your accident and build a strong claim on your behalf.
What Is the Purpose of the Statute of Limitations?
It may strike you as unfair that the law limits the amount of time you have to file a case seeking compensation for an accident you did not cause. That said, there are several reasons the law encourages plaintiffs to file their personal injury claims sooner than later.
First, the filing deadline spares defendants from living under the constant threat of a lawsuit. Second, it keeps court dockets from filling up with years-old cases. Third, it avoids forcing judges and juries to make difficult legal decisions using evidence that has become stale with the passage of time.
What Happens If You Miss the Filing Deadline Governing Your Car Accident Claim?
The three-year deadline set by the statute of limitations is strictly enforced, and missing it normally has a devastating effect on your right to seek compensation. If you file your claim after the deadline passes, the defendant will move for a motion to dismiss. Subject to very few exceptions, the presiding judge will be forced to grant the motion.
This will result in at least two negative consequences. First, your right to seek compensation in court will be eliminated. Second, your resulting inability to sue will destroy your upper hand when negotiating an out-of-court settlement with the at-fault party and their insurers. Without the ability to threaten a lawsuit, the at-fault party will have no incentive to negotiate with you fairly. They will feel free to make a lowball offer, and you will have little option but to accept when they do. Their insurer may even deny your claim altogether.
Can the Filing Deadline Be Extended?
Yes, the three-year deadline for filing a personal injury lawsuit can be extended (“tolled”) under very limited circumstances. However, beware of relying on any of these exceptions before consulting with an attorney to make sure they apply in your case. The presiding judge will have little sympathy if you get the filing deadline wrong. Bearing this warning in mind, the three-year filing deadline may be extended in the following scenarios:
- Minors and Legal Insanity – In South Carolina, the law cuts minors and those suffering from legal insanity some slack when it comes to the statute of limitations. If someone suffers an accident before their eighteenth birthday or while legally insane, the three-year countdown does not begin until either condition ceases. However, the deadline may not be extended for more than one year.
- At-Fault Party Leaves the State – The three-year deadline may also be extended when the at-fault party is not present within the state. In general, if the defendant leaves South Carolina, the three-year countdown pauses and only continues once they return. Somewhat redundantly, the governing statute adds that if the defendant “shall depart from and reside out of this State or remain continuously absent [for] . . . one year or more,” their time away will not be included in the countdown.
- Discovery Rule – Most injuries sustained in car accidents appear immediately. However, if your injuries were not apparent until some time passed after the accident, the three-year filing deadline may be extended under the so-called “discovery rule.”
As articulated by the Supreme Court of South Carolina, the statute of limitations “runs from the date the injured party either knows or should have known by the exercise of reasonable diligence that a cause of action arises from the wrongful conduct.” Dean v. Ruscon Corp., 321 S.C. 360, 468 S.E.2d 645 (S.C. 1996). The Court further explained that “the injured party must act with some promptness where the facts and circumstances of an injury place a reasonable person of common knowledge and experience on notice that a claim against another party might exist.”
Contact a South Carolina Car Accident Lawyer
In all cases, complying with the governing statute of limitations is essential. Failure to do so will have a devastating effect on your right to seek compensation in civil court and eliminate your leverage during settlement negotiations with the at-fault party. The best way to avoid these consequences is by consulting with an experienced attorney as soon as possible after an accident. This will also give them plenty of time to investigate your case and build a solid claim on your behalf.
The legal team at McKinney, Tucker & Lemel, LLC, has decades of experience helping accident victims throughout South Carolina secure the full and fair compensation they deserve for injuries sustained at little to no fault of their own. Contact us today to learn how we can help in a free, no-obligation consultation. You pay nothing unless we win your case.
