If you have a personal injury claim, you have a limited time to file your case. This time limit is called the statute of limitations. Jordan Law Center explains the South Carolina personal injury statute of limitations and what you need to know.
What Is the Personal Injury Statute of Limitations in South Carolina?
The personal injury statute of limitations in South Carolina is three years in most cases.
However, some exceptions may shorten or lengthen the time limit.
What is the time limit to file a legal case called?
The time limit to file a legal case is called the statute of limitations. It is the limit for a plaintiff to start a personal injury case. The plaintiff must formally file their court case before time runs out.
Understanding the South Carolina Statute of Limitations
- Meeting the statute of limitations requires filing a summons and complaint in court.
- Reporting an accident to the insurance company isn’t enough to preserve your rights.
- A case doesn’t have to be finished by the time limit. Even after filing the first documents, a court case may take months or years to resolve.
- Whether you have a strong or weak case, the statute of limitations is a firm time limit. Missing it likely means receiving no compensation for your case.
- Generally, the statute of limitations for personal injury in South Carolina is three years. However, there are important exceptions.
Chart – Statute of Limitations for Personal Injury in South Carolina
| Type of Case or Exception | Statute of Limitations that Applies in South Carolina |
| Personal injury, generally | Three years from when the cause of action accrues |
| South Carolina Tort Claims Act | Two years, extended to three by submitting a notice of claim |
| Federal Tort Claims Act | Two years and within six months of the final denial of the claim |
| Discovery rule | Extends the statute of limitations until the injury is discovered or should have been discovered with reasonable diligence |
| Personal injury, plaintiff a minor | Age 19 or three years from when the cause of action accrues |
| Wrongful death | Three years, measured from the date of death |
| Medical malpractice | Three years may be extended to six years for delayed discovery |
| Medical malpractice, is an object left in the body | Two years |
| Medical malpractice, government defendant | Two years |
| Medical malpractice, minor | Seven years or one year past the 18th birthday |
| Sexual assault | Six years after the victim turns 21 or three years after discovering a causal relationship between injury and abuse (no statute of limitations for criminal charges) |
| Workers’ compensation | 90 days for notice of injury, two years to file with the South Carolina Workers’ Compensation Commission |
Does the same statute of limitations apply to all circumstances?
No. South Carolina has different statutes of limitations for different types of cases. For example, some property actions have a 20-year limitation period. States have different statutes of limitations for personal injury claims. In Georgia, the statute of limitations is two years for injury claims, including car accidents.
The statute of limitations is set by state lawmakers. There isn’t a consensus for what’s best, and there are no federal mandates for state cases. That means significant variation between states so be sure to check the law that will apply to your case.
Can the defendant avoid the statute of limitations by moving out of state?
No. If the defendant is out of state when a claim accrues, the statute of limitations counts from when the person returns to the state. If the claim has accrued and then the defendant leaves for a year or more, the time gone doesn’t count toward the expiration of time (S.C. Code § 15-3-30).
South Carolina Statute of Limitations and Mental Incapacity
- If a person is under a mental disability, the period of disability doesn’t count toward the statute of limitations.
- The person has one year to bring a claim after the disability ends, or until the end of the period that applies to everyone, whichever is later.
- An extension of only up to five years is allowed due to mental disability. (Infancy/minority/child is treated differently.)
- The person can still bring a claim through a guardian or representative.
- To receive an extension because of disability, the disability must have existed when the cause of action accrued.
Complying with the Injury Statute of Limitations
To comply with the injury statute of limitations, the plaintiff must prepare a summons and complaint. The plaintiff must identify and state the grounds for the case.
You should never wait until the statute of limitations is close to expiring. It’s always best to contact an attorney as soon as possible.
What happens if you try to start a case after the statute of limitations?
If you try to start a case after the statute of limitations, the opposing party may move for dismissal. If the court agrees that it is too late, the court will throw out the entire case.
The deadline is arbitrary and applies no matter how strong your case might be. If the other side raises the issue of the limitation, the only question the court considers is whether it is too late.
Why is there a statute of limitations?
The purpose of the statute of limitations is to resolve disputes fairly and promptly. If a claim begins relatively quickly, it is more likely that evidence will be available. Everyone involved has finality, including witnesses, knowing that the issue will be decided within a certain time frame.
Get Legal Help
The South Carolina personal injury statute of limitations is unforgiving. In addition to meeting the deadline, beginning promptly can help you build a strong case and receive justice for your personal injury claim.
An attorney can help you identify the time limitation that applies. They can investigate and prepare your legal documents as well as identify issues that may be especially important.
Contact a Lawyer
At Jordan Law Center, we get justice for our clients. We understand the South Carolina personal injury statute of limitations. Our experienced lawyers are ready to help you. Call or message us now.
