How Long Do You Have to File a Personal Injury Claim in South Carolina?

Wondering how long you have to file a South Carolina personal injury claim? Generally, you have three years from the date of the accident to file a claim in South Carolina – this is known as the Statute of Limitations. 

General Statute of Limitation Examples For SC Personal Injury Claims

Many South Carolina personal injury claims require you to file an accident claim within 3 years of the accident. Generally, this is true following:

• Car Accidents
• Truck Accidents
• Slip and Falls
• Motorcycle Accidents
• Pedestrian Accidents
• Boat Accidents
• Bicycle Accidents
• Dog Bites

While you generally have three years from the date of the accident to file a claim, there are exceptions to this statute that may extend or reduce the amount of time an injured individual has to file a lawsuit in South Carolina.

Exceptions to the Statute of Limitations in South Carolina Injury Claims

There are several ways in which the deadline for filing a personal injury claim can be extended or reduced in South Carolina accidents. Exceptions to the general statute of limitations typically occur in:

• Accidents when government entities are involved
• Accidents involving minors
• Specific medical malpractice cases
• On-the-job workers compensation cases
• Mental incapacitation cases

Government Entities/Federal Tort Claims Act Cases

One common case in which the deadline to file a personal injury claim is reduced is if a government employee or entity was found at-fault for the accident or if the injury occurred on government property. When this happens, your case will be regulated by the Federal or South Carolina Tort Claims Act.

Examples of State or Federal Tort Claims Act Cases:

• Car accidents involving a government vehicle
• Car accidents involving a government employee
• Slip and falls on government or public property
• Construction accidents on federal projects

In these cases, you typically have only two years from the date of the accident to file a claim. In addition, there will likely be monetary caps on your compensation. To learn more, contact our experienced SC personal injury lawyers today.

Accidents Involving Minors in South Carolina

On the other hand, a common example in which the statute of limitations may be extended is in cases where minors were injured in an accident. When this happens, the injured individual may have up to one year after their 18th birthday to file a personal injury claim. However, parents can work with a lawyer and file suit on behalf of the child prior to their 18th birthday. 

To learn more about how you can file a personal injury lawsuit on behalf of your child, please don’t hesitate to call our office at (803) 888-2200. We’re here and ready to help.

Medical Malpractice Cases

In specific South Carolina medical malpractice cases, the three year statute of limitations may be extended up to six years from the date of the incident. 

Examples of Statute Exemptions For Malpractice Claims:

• If the victim did not know about the malpractice and couldn’t have known with reasonable diligence.
• Patient was a minor – In this case, the patient may have up to seven years to file, or up to one year after turning 18.
• Foreign objects – Victims generally have two years from the date of discovering the object/two years after the object ought to have been discovered. 
• Wrongful death caused by medical malpractice – you generally have three years from discovering the decedent’s death was caused by medical malpractice to file, but you cannot file a claim if it has been more than 6 years since the malpractice occurred.

Workers’ Compensation Claims

In South Carolina, if you or a loved one was injured on the job, you generally have 90 days to report the accident and up to two years from the date of the accident to file a workers compensation claim.

Sometimes, injuries may not have a specific start date, such as with repetitive stress injuries. In this case, you must report a repetitive stress injury within 90 days of discovering the injury or when you could have discovered it by “exercising reasonable diligence.”

If you’re looking for help following a work injury, our award-winning workers’ compensation lawyers in SC have the experience and resources needed to seamlessly guide you through the process. Simply call our office today at (803) 888-2200.

Mental Incapacitation Cases

If the victim was mentally incapacitated at the time of the accident, the statute of limitations may be paused until they regain mental capacity.  

What Happens If I Miss the Deadline?

If you fail to file a personal injury claim within the statute of limitations specific to your case, then you lose your right to legal action and compensation. Hiring a lawyer will help ensure that all deadlines are met and your claim is fully optimized prior to filing.

Does a Case Have to be Resolved Before the Statute of Limitations?

This is a great question. No, the statute of limitations only applies to how long you have to file your claim. It is important to keep in mind that it is in your best interest to get started on the process sooner than later.

Speaking with a personal injury attorney as soon as possible following an accident can have many benefits for you and your case. For example, acting quickly will give your attorney enough time to:

• Gather critical evidence before it is lost or destroyed – such as video footage, security footage, photo evidence, video evidence, black box data, and more.
• Interview witnesses, ensuring fresh and accurate witness testimony.
• Analyze the police report.
• Identify all potential sources of fault and compensation recovery.
• Value your claim based on all past, present, and future damages.
• Optimize your claim, fighting to get you the entirety of what you’re owed.

At Cavanaugh & Thickens, LLC, we fight to get our clients the entirety of what they’re owed for the best outcome possible for their case and future. To learn more, simply contact our team today at (803) 888-2200. We are available via phone 24/7.

Speak With a Personal Injury Lawyer Today

If you or a loved one was injured or lost their life in a South Carolina accident, we are here to help you get the justice and compensation you deserve to heal and move forward. 

With decades of combined experience and over 200 5-star reviews, you can trust that the injury attorneys at Cavanaugh & Thickens, LLC have your back. For a free case evaluation directly with a reputable attorney, simply call our office at (803) 888-2200, email info@ctlawsc.com, or complete our secure online contact form.

With offices in Columbia and Charleston, our lawyers travel and represent clients throughout the state of South Carolina.