The statute of limitations for nursing home abuse claims in SC varies. Generally, it is three years against a private defendant or two years if the claim is against a unit of government. But there are exceptions. Several factors may impact which nursing home neglect statute of limitations applies in your case.
Jordan Law Center’s Greenville nursing home abuse lawyer explains the nursing home abuse statute of limitations for South Carolina.
What Is the Statute of Limitations in South Carolina for Nursing Home Abuse Cases?
The general statute of limitations for nursing home abuse, either for personal injury or medical malpractice, is three years. But there are exceptions.
When it comes to the statute of limitations for nursing home abuse cases in South Carolina, multiple deadlines may apply. It may depend on whether the injury is immediately known, ownership of the nursing home (government or private), and other factors.
Government defendants
If the case falls under the South Carolina Tort Claims Act (i.e., the defendant is a unit of government, other than federal), the time limit is two years. The deadline may be extended to three years by filing a notice of claim. If the case falls under the Federal Tort Claims Act (i.e., federal government defendants), the claim must be filed within two years and within six months of final denial of the claim.
What factors impact the S.C. nursing home abuse statute of limitations?
Multiple factors may impact what the SC nursing home abuse statute of limitations is for a particular case:
- Whether the claim is brought under personal injury law (e.g., negligence, recklessness, or intentional harm) or under medical malpractice laws
- If the discovery of the injury is immediate or if there is a delayed discovery of harm
- Whether the defendant is a unit of government
- If the claim is for wrongful death
- If the person is under a mental disability when the injury occurs
- If the claim involves sexual assault
How the Clock Starts: When Does the Filing Deadline Begin?
Generally, the clock starts for the South Carolina nursing home abuse statute of limitations on the day the injury occurs.
For a wrongful death claim, the statute of limitations filing deadline generally begins at the date of death, rather than the date of injury.
Exceptions and Extensions to the Filing Deadline
The South Carolina nursing home abuse statute of limitations deadline may be extended if the person was unaware of the injury and could not have reasonably discovered it with due diligence. For medical malpractice claims, there is a final time limit of six years if there is delayed discovery.
When the person is under a mental disability, they have one year from when the disability ends to file their claim. Disability may extend the statute of limitations for not more than five years.
For a claim involving an object left in the body, the statute of limitations is shortened to two years.
If a claim involves sexual assault, the three-year deadline begins when the causal relationship between the injury and the abuse is discovered.
Meeting the Statute of Limitations
Meeting the statute of limitations requires formally filing the legal claim in court. Reporting the abuse to the nursing home is insufficient. When the defendant is a unit of government, starting the case may require formally giving notice and filing the claim in court.
Consequences of Missing the Statute of Limitations
If you miss the statute of limitations, you will likely lose your ability to receive compensation. The defense will quickly point out to the court that the deadline has passed. If the court agrees, it will dismiss the case. The court won’t even address the merits of the case.
Can the judge extend the statute of limitations if I have a strong case?
The statute of limitations is strict and unforgiving. The court can’t choose which time limit to apply. The court may determine whether an exception applies, but it can’t extend a statute of limitations as a matter of goodwill, even if you have a strong case.
Does the case have to be resolved by the end of the statute of limitations?
No. If filed on time, the case may take as long as necessary.
How a Greenville Nursing Home Abuse Lawyer Can Help
A Greenville nursing home abuse lawyer can help determine the statute of limitations for a nursing home abuse case in SC. They can assist you in investigating, prepare your case quickly, draft legal documents, and file your claim. At Jordan Law Center, we represent nursing home abuse victims.
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Do you have questions about how the statute of limitations for nursing home abuse may apply to your claim in SC? Contact Jordan Law Center. Our lawyers don’t just pursue justice—we obtain it. Call or message us today.
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