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. Contact West Law Firm today to speak with an attorney about your case. Below, we look at the statute of limitations in South Carolina for personal injury 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
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.
Medical malpractice cases have a different statute of limitations, which you can find at 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.
Suppose a doctor botched your surgery on July 1, 2025, leading to organ loss and pain. You have until July 1, 2025 to sue the doctor.
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. You don’t want to file too late!
When Does the Clock Begin?
Under the law, the clock will begin when your “claim accrues.” What does that mean, really?
In the personal injury context, your claim will usually accrue 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.
As mentioned above, the clock will begin for medical malpractice cases within three years of discovering the medical error.
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.
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?
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 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 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.
The statute of limitations doesn’t 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 them if they are unhappy with your offer. 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.
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.
The Statute of Repose in Medical Malpractice Cases
South Carolina law also provides that a victim cannot file a medical malpractice case after six years from the day of the medical error or omission that gives rise to the suit. This is an outer limitation on the discovery rule.
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 limitations period begins on the day the plaintiff discovers (or should have discovered) the error.
But South Carolina also places a limit on this discovery rule: a plaintiff cannot bring a malpractice claim after six years of the occurrence that gives rise to the lawsuit. Accordingly, we encourage anyone victimized by medical malpractice to contact us quickly.
The Logic Behind the Statute of Limitations
Some people think the statute of limitations is unfair. 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:
- 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.
- 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.
- 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.
Whether you think the statute of limitations on personal injury is fair or not, you must abide by it.
Call to speak with one of our Berkeley County personal injury lawyers.
Exceptions to the Statute of Limitations
The three-year statute of limitations is a general rule. There are some exceptions provided for in the law:
- Minor. 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.
- 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.
- Foreign objects. 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.
No one should ever count on an exception applying to them. Instead, always protect your legal rights by contacting an attorney.
Call West Law Firm Personal Injury Lawyers
Our firm has won millions for injured victims. We believe all accident victims deserve high-quality representation. Call our office to schedule your free consultation. We have served the Lowcountry since 1945.