In South Carolina, the statute of limitations for personal injury claims is generally three years.
If you were injured in an accident in South Carolina, you may decide to pursue a personal injury claim against those who caused your injuries. However, the law limits the time you have to formally begin your personal injury claim. To learn more about how long you have to file a personal injury claim, reach out to the legal team at the law firm of McKinney, Tucker & Lemel, LLC as soon as possible. You’ll get a free initial consultation where you can speak with a personal injury attorney from our firm. We can discuss the details of your case and get started on pursuing your claim.
How Long Do I Have to File a Personal Injury Claim in South Carolina?
After suffering an injury in an accident in South Carolina that was caused by someone else’s negligence, you have limited time in which to begin pursuing a personal injury claim. This time limit is controlled by the statute of limitations under South Carolina law. The statute of limitations is a law that establishes a time period for filing a lawsuit after you’ve been injured by someone else. Once the statute of limitations has expired on your claim, any attempt to file a lawsuit can be immediately dismissed by the court, even without a consideration of the merits of the claim, just because it was filed late.
In South Carolina, the statute of limitations is generally three years for personal injury claims.
What You Need to Know Before Filing a Personal Injury Lawsuit in South Carolina
While the statute of limitations is an important factor for personal injury claimants to keep in mind, other important aspects of South Carolina personal injury law include:
- The modified comparative negligence rule – While you can still file a claim or a lawsuit against the person who caused your injuries if you’re partly at fault for the accident, this rule can change your outcome. To file a claim, your percentage of fault for the accident must be less than the fault of the other parties you’re suing. In addition, the rule also states that your compensation award in a settlement or at trial can be reduced in proportion to your share of fault for your injuries.
- Types of compensation – In South Carolina, you may be entitled to recover compensation for financial and personal losses you’ve incurred, such as medical bills, lost wages, reduced quality of life, and pain and suffering. You may also be eligible for an award of punitive damages if the at-fault party engaged in egregious or shocking behavior. However, these awards are rare and are only made in court.
- Evidence – In addition to documentary evidence, you may also need to retain expert witnesses. They may be able to explain how the accident and your injuries occurred, how the other party caused them, the extent of your injuries and disabilities, and the losses that you have suffered or will incur in the future.
- Claims against the government – Personal injury claims against the state government or a local government are subject to South Carolina’s Tort Claims Act. This law governs the filing of personal injury claims against a state or local government or public agency. If you don’t comply with the requirements of the Tort Claims Act, you could waive your rights to pursue a case against the government.
How Long Does It Take for an Injury Case to Go to Trial?
Once a personal injury lawsuit is filed, it can take even more time for the case to eventually reach trial. First, the defendants in the case can file a pleading known as an “answer” to contest the allegations included in a personal injury complaint. After the parties complete their pleadings, the next step in a personal injury lawsuit involves the discovery process. This is where the parties exchange information, documents, and other evidence, and take depositions from relevant witnesses. Depending on the complexity of a personal injury claim and the availability of witnesses, the discovery process can take several months to over a year.
The parties may then engage in pre-trial motion practice to limit the issues that need to be resolved at trial. Finally, the court will schedule the date for the trial. The trial itself may last only one day, or it can take several days to several weeks for more complex personal injury cases. As a result, how long it takes to go to trial can vary tremendously, depending on the circumstances.
What Are the Statutes of Limitations on a Personal Injury Lawsuit in South Carolina?
South Carolina’s statute of limitations on personal injury claims typically gives injured accident victims three years from the date of their injury to file a lawsuit against the party or parties responsible for causing their injury. In limited circumstances, the statute of limitations period may be paused or extended, a process known as “tolling.” For example, the statute of limitations might be tolled if an injured victim didn’t discover that they have been injured or didn’t identify who may have caused their injury. If a lawsuit is not filed by the time the limitations period expires on a personal injury claim, a personal injury victim will have lost the opportunity to recover compensation in court.
For personal injury claims against state or local governments in South Carolina, the state’s Tort Claims Act also requires an injured victim to provide notice to the relevant government agency prior to filing suit. This notice must be filed within one year of the date that the injury occurred or the date that the injured victim discovered their injury.
Contact Our Personal Injury Lawyers in South Carolina
After you have been hurt due to someone else’s negligence, you have limited time in which to begin pursuing a claim for financial recovery against those responsible for your injuries. Don’t put off talking to personal injury lawyers about your legal rights. Contact McKinney, Tucker & Lemel LLC today for a free, no-obligation consultation.
