Do Not Miss Your Chance at Justice: South Carolina Has a Three-year Statute of Limitations for Personal Injury Claims.
Every state has a statute of limitations. These laws identify the maximum amount of time an accident victim gets to file a lawsuit. In South Carolina, the amount of time will depend on the type of lawsuit you are bringing. You do not want to miss your chance to get justice after an accident.
Contact the West Law Firm today to speak with an attorney about your case. Your initial consultation is free and confidential. Below, we look at the statute of limitations for personal injury in South Carolina and encourage you to call us quickly so we can protect your rights.
How Long to File a Personal Injury Lawsuit?
Under South Carolina Code § 15-3-530, a personal injury victim has three years to file a lawsuit. That is the general rule which applies to most personal injury cases, including motor vehicle wrecks and slip and fall cases. There are certain exceptions to this rule, which we will discuss later, but it’s critical to first learn the general rule. Keep this key point in mind:
- There is a three-year statute of limitations for filing a personal injury lawsuit in South Carolina.
Here is a simple example of how the South Carolina statute of limitations works for personal injury claims: Suppose you are hurt in a car wreck on January 1, 2025. You will have until January 1, 2028, to file a lawsuit in court to meet the statutory deadline. That is, the deadline to file a claim is three years from the date of the accident, assuming that no exception applies.
Regardless of your specific situation, we encourage you to call our law firm. Going over the statute of limitations in South Carolina for personal injury carries severe consequences. It could potentially prevent you from recovering any financial compensation for your injuries. A proactive approach: You don’t want to file too late!
Medical Malpractice Cases are an Exception (Different Statute of Limitation Rules)
Medical malpractice cases have a different statute of limitations, which you can find in South Carolina Code § 15-3-545. The general rule is that you get three years from the day of the medical error or within three years of the day you discovered (or should have discovered) the medical error.
Here is an example of how the statute of limitations works for a medical malpractice claim in South Carolina: Suppose a doctor botched your surgery on July 1, 2025, leading to organ loss and pain. You have until July 1, 2028, to sue the doctor.
However, as medical errors are not always immediately obvious, you may not have discovered them until a later date. If a medical mistake was made on January 1, 2025, but you did not discover the error until January 1, 2026, and that lack of discovery was reasonable, the statute of limitations for your claim will last until January 1, 2029.
Note on the Statute of Repose in Medical Malpractice Cases: Recall that in medical malpractice cases, the victim might not immediately know they have been victimized by medical errors. For example, they might not discover a failure to diagnose cancer for several years. The statute of limitations period begins on the day the plaintiff discovers (or should have discovered) the error.
However, South Carolina also has a six-year statute of repose for medical malpractice claims. You cannot file a medical malpractice lawsuit more than six years after the incident, regardless of the date of discovery. The six-year timeline is the latest at which this time of claim can be filed.
When Does the Clock Begin for the Statute of Limitations for a Personal Injury Claim?
Under the law, the clock will begin when your “claim accrues.” What does that mean, really? In the context of personal injury, your claim will usually accrue on the day of the accident. You are injured, and you know that someone else is to blame for the injury. That means you know you have a claim for negligence. When a person is injured, they generally should be aware that they could have a claim.
Determining When the Clock Starts Can Be More Complicated in Medical Malpractice Claims
As mentioned above, the clock will begin for medical malpractice cases within three years of discovering the medical error. Medical malpractice cases can be an exception because the error that caused harm to the victim (patient) is not always immediately obvious. Quite the contrary, it often takes time for the claim to accrue in these cases.
For example, a doctor might have prescribed medication to a pregnant woman, which leads to fetal abnormalities. She doesn’t realize the abnormalities until her baby is born 9 months later. At the point of discovery, she has 3 years to file a lawsuit. The claim would not “accrue,” and the statute of limitations clock would not start until the harm reasonably should have been known. Determining when a claim accrues is sometimes quite complicated. Your best bet is to reach out to a Moncks Corner personal injury lawyer quickly to talk about your case.
What Happens if You Go Over the Statute of Limitations Personal Injury?
South Carolina’s statute of limitations for personal injury claims is strictly enforced. If you wait too long to take action, you could miss out on your right to recover financial compensation. Let’s say you are hurt in a truck accident. A semi crashed into your car, breaking your leg and giving you a concussion. You are hurt immediately, so your claim accrues on the day of the accident. The clock is beginning to tick.
What if you wait more than three years to file a lawsuit? In that unfortunate situation, the statute of limitations for personal injury expires. The defendant can ask the judge to dismiss the case for going past the relevant deadline. Once a judge throws your case out of court, you probably can’t file again, which means you have lost the ability to sue the defendant for your injuries. This is a dramatic result. In effect, it would mean that you would lose the right to sue because of a legal technicality.
To be clear, the statute of limitations does not apply to settlement negotiations. You can continue to negotiate with the defendant or their insurance carrier to cover a claim. However, you will lose leverage in these negotiations. A defendant is typically motivated to offer a fair settlement because they know you can walk into court and sue. Once the limitations period expires, you lose that ability to sue. You might still eke out a settlement—but the compensation will undoubtedly be lower than what you could have gotten. Worse yet, if the insurance company knows it has a statute of limitations defense, it may decline to offer you any compensation for your accident.
The Bottom Line: The statute of limitations matters. It is the deadline by which a lawsuit for a personal injury must be filed. If you lose out on the legal right to file a lawsuit, defendants and insurers will almost certainly try to get your case dismissed. There is no reason to wait too long to speak with an attorney. Three years is enough time to find a lawyer who can file a lawsuit before the statute of limitations in South Carolina for personal injury expires.
Understanding the Logic Behind the Statute of Limitations
What is the point of the statute of limitations? After all, defendants should be held accountable for negligence, no matter when the accident happened. Some people think the statute of limitations is unfair for that reason—it imposes a deadline that can block some injured victims from getting justice and compensation for their damages. They believe that they should get as much time as they need to file a lawsuit for personal injuries. However, South Carolina has a statute to encourage victims to sue without delay. There are several reasons why the statute of limitations is in place:
- Access to Evidence: The longer a victim waits, the less evidence is available. This is unfair to the defendant, who is deprived of a fair chance to defend themselves. It’s hard for them to reconstruct what happened 20 years later, so the law encourages you to sue within three years. It is best for injured victims to bring their claim when the evidence is still as “fresh” as possible.
- Delays Can Make it Harder to Know the Truth: Juries and judges will rely on stale evidence if a victim waits too long. Other evidence could disappear. These delays frustrate the search for truth, which is at the heart of our judicial system. The purpose of the civil legal claims process is to determine the truth so that justice can be preserved.
- Limits On Strategic Delays: Victims might delay for strategic advantage. For example, they could wait until the defendant dies and then sue their estate. That puts the estate at a disadvantage since the defendant is no longer available to give their side of the story.
Are the above reasons good enough to set a three-year statute of limitations for personal injury claims in South Carolina? For injured victims, the answer is that it does not actually matter. Whether you think the statute of limitations on personal injury is fair or not, you must abide by it. The statute of limitations is strictly enforced, and unless one of the exceptions applies, you will not be able to get financial compensation for your damages if you wait too long to bring your claim.
An Overview of the Exceptions to the Statute of Limitations in South Carolina
Although the statute of limitations in South Carolina is strictly enforced, there are some narrow exceptions to the rule. Indeed, the three-year statute of limitations is a general rule. You may still be able to file after the three-year deadline has passed if any of these exceptions apply to your case:
- The Victim is a Minor: In South Carolina, someone under 18 is considered “disabled” according to the law, so they will get more time. However, the amount of time is complicated, so call an attorney immediately when a child is injured. It’s also possible to negotiate a settlement for a child victim. A Moncks Corner personal injury lawyer can help you and your family navigate the complexities of a child injury case.
- Out-of-State Defendant: Your claim will not accrue until the defendant returns to the state. If they leave again, then any absence longer than one year isn’t counted against you for the purposes of the statute of limitations. However, the exception does not apply if the defendant is actively cooperating with the personal injury claims process while out of state.
- Foreign Objects (Medical Malpractice: If a surgeon leaves an implement inside you, then you can still sue even if six years have passed. You will have at least two years since the day you discovered it. In other words, the statute of repose does not restrict you from bringing a medical malpractice lawsuit after six years in South Carolina if you were the victim of a retained surgical object.
You do not want to rely on the exceptions to the South Carolina statute of limitations unless you absolutely have to do so. They exist for a good reason—but they are narrow. With that in mind, no one should ever count on an exception applying to them. Instead, always protect your legal rights by contacting an attorney. Be proactive: The sooner you initiate the claims process, the better.
How Our South Carolina Personal Injury Lawyers Can Help
Personal injury claims are complicated. There are a lot of technical issues that need to be addressed and resolved before you will be in a position to move forward with your case. The statute of limitations is just one notable example. At West Law Firm, P.A., we are proud to fight tirelessly to protect the legal rights of injured victims and their families. Our firm takes a proactive approach in order to help make sure that the statute of limitations is simply not an issue that will cause problems in your case. With a proven record of case results, we have the experience you can trust when it matters most. When you reach out to our Moncks Corner office, you will have an opportunity to consult with a South Carolina personal injury attorney who can:
- Hear your story, explain your options, and answer your legal questions;
- Investigate your case—gathering the evidence that you need to prove fault;
- Take proactive measures to ensure that you comply with the statute of limitations;
- Handle the legal paperwork and represent you in any settlement negotiations and
- Develop a personalized strategy focused on maximizing your financial compensation.
Call West Law Firm Personal Injury Lawyers
At West Law Firm, P.A., our South Carolina personal injury attorneys have the knowledge, skills, and experience that you can rely on. Our firm has won millions for victims. We believe all accident victims deserve high-quality representation. If you have any questions about the statute of limitations, we are more than ready to help. Call us or contact us online to schedule your free consultation. From our law office in Moncks Corner, we have served the Lowcountry since 1945.