Personal injury claims can arise from various accidents and incidents, leading to physical, emotional, and financial hardships. If you’ve been injured due to someone else’s negligence in South Carolina, it’s crucial to understand the statute of limitations governing personal injury claims. Here is a brief overview of South Carolina’s statute of limitations, its significance, and the necessary steps to protect your rights.

What is the Statute of Limitations?

The statute of limitations is a time limit, set by your state, within which a person must file a lawsuit. It sets a specific period during which legal action can be initiated after a particular event occurs, such as a personal injury. The statute of limitations aims to promote timely resolution of legal disputes, ensure fairness to defendants by preventing stale claims, and provide legal certainty.

What is the Personal Injury Statute of Limitations in South Carolina?

In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the incident. This means injured individuals have three years from the date of the incident to file a lawsuit seeking compensation for their injuries. However, this period of time may vary depending on the type of claim and the parties involved.

What if I Missed the Deadline?

If you’ve missed the deadline specified by the statute of limitations for your personal injury claim, it can significantly impact your ability to pursue legal action. However, there are exceptions and potential avenues to explore, though they are limited. Here are a couple of options to consider:

• Tolling of the Statute of Limitations: In some cases, the statute of limitations may be “tolled” or temporarily suspended, effectively extending the deadline. This can occur when the injured party was unaware of their injury or could not reasonably have discovered it within the standard timeframe. This is also known as the “discovery rule.” It’s important to consult with an attorney to determine if the discovery rule applies to your case.
• Exceptions and Special Circumstances: Certain circumstances might provide exceptions. For instance, if the defendant leaves the state, is in hiding, or attempts to conceal their involvement, the statute of limitations may be extended. Additionally, if the injured party is a minor or is declared mentally incapacitated, the statute of limitations may be tolled until they reach the age of majority or regain capacity. These exceptions can be complex, so consulting with an attorney is crucial to understand if they apply to your specific situation.

It’s important to note that these exceptions are not guaranteed and will depend on the specific facts of your case. Consulting with a personal injury attorney as soon as possible is essential to assess the viability of your claim and explore any potential options to pursue compensation, even if you have missed the original deadline. The attorney can review the specifics of your case, evaluate any possible exceptions or tolling of the statute of limitations, and provide guidance on the best course of action.

Ready to Seek Legal Advice?

At Bryan Law Firm, we understand the challenges and complexities of personal injury claims. We are committed to advocating for our client’s rights and seeking the compensation they deserve. If you have been injured due to someone else’s negligence, we encourage you to take advantage of our free consultation. It is an opportunity for you to get the information you need to make the best decisions for yourself and your future. 

Whether you are involved in a wreck, slip and fall, or sustain injuries due to the carelessness of someone else, you may be entitled to compensation. For reliable legal representation, give us a call at 803-775-1263. Bryan Law Firm, located in Sumter, SC, focuses on personal injury law, including automobile wrecks, tractor-trailer wrecks, motorcycle wrecks, bicycle wrecks, slip and fall, and product liability; workers’ compensation; and wrongful death cases.

This is intended for general information purposes only. The information it contains is not legal advice, nor should it be construed as the formation of a lawyer-client relationship. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state. Some information in this guide may not be correct for your state.