The statute of limitations is a critical legal deadline that defines the time frame within which an injured party must file a claim in Aiken, South Carolina.
In personal injury cases, the statute of limitations is designed to encourage timely legal action. Therefore, knowing the statute of limitations is essential if you’re involved in accidents or harmed due to someone else’s negligence. Missing this deadline could mean forfeiting the right to seek compensation entirely.
Generally, for most personal injury cases, the state sets a three-year limit from the date of the injury. This period applies to various scenarios, from car accidents and slip-and-falls to product liability.
In this article, Johnson, Johnson, Whittle, Lancer, & Staggs will delve into everything you need to know about the statute of limitations in South Carolina, helping you understand the time constraints on personal injury cases, the risks of delay, and the need for prompt filing of your claim.
What is the Statute of Limitations?
The South Carolina General Assembly establishes the statute of limitation. Also known as the prescriptive period in civil law systems, it is a law that sets a maximum time after an incident or event (typically a personal injury case) within which legal proceedings may be initiated.
Different claims have different statutes of limitations. Once this time limit passes, the injured party generally loses the right to file a lawsuit or seek damages in relation to that event, as such claims are time-barred.
The primary reasons South Carolina (and other states) has established statutes of limitations are:
- Encouraging Timely Filing – They motivate individuals to pursue claims while the evidence and details are fresh and can be accurately recalled.
- Preserving Evidence Quality – By setting deadlines, statutes of limitations help ensure evidence remains intact and witness memories are reliable, which supports fair trials.
- Promoting Legal Certainty – They provide closure by preventing prolonged uncertainty about potential lawsuits. Moreover, pursuing a claim long after the event might occasion cruelty rather than justice.
Consequences of Missing the Deadline
If someone attempts to file a claim after the statute of limitations has expired, their case will likely be dismissed, meaning they lose the chance to seek compensation or remedies. In some cases, there may be exceptions that extend or “toll” the deadline, but these are limited.
Moreover, the exceptions are typically challenged in court, thereby increasing the risk of missing out on compensation. Consequently, we encourage our clients to initiate the claims process early to ensure they lodge their claims within the statute of limitations.
Statute of Limitations for Personal Injury Cases in South Carolina
The general rule regarding the statute of limitation for personal injury cases in South Carolina is to be three years from the date of the injury event. According to S.C. Code § 15-3-535 (2024), if you are injured in an accident or due to another’s negligence, you have three after you know of your claim or should have known you have a claim if you diligently investigated their case to file a lawsuit.
These statutes of limitation for personal injury claims apply to a wide variety of personal injury cases, including:
- Car accidents,
- Slip and fall,
- Product liability,
- Dog bites,
- Battery,
- Assault,
- Premises liability and other personal injury cases.
That said, there are exceptions to the rule. For instance, The statute of limitations for medical malpractice cases is also three years, but it may vary depending on when the injury is discovered, allowing a potential extension.
The statute of limitation varies from the general rule of three years in claims made against the government. When a claim is filed against a government entity, such as in a case involving a public employee, special rules and a shorter deadline of two apply.
Statute of Limitations for Medical Malpractice Cases
Medical malpractice claims in South Carolina must generally be filed within three years from the date of the alleged malpractice. However, making medical malpractice claims utilizes a specific discovery rule established in S.C. Code § 15-3-545(A) (2024). The rule specifies that the three-year time limit for medical malpractice claims begins on:
- The date the malpractice happens, or
- The date you discovered or should have discovered the malpractice had you done diligent investigations.
However, another statute – the “statute of repose” sets a hard deadline of six years for suing for medical malpractice, even if the claimant has not discovered the malpractice.
Examples of scenarios where the discovery rule applies in medical malpractice claims are cases where foreign objects (such as surgical tools) are carelessly left inside the claimant’s body. These rules also apply when the injured individual is a minor.
Statute of Limitations for Wrongful Death Claims
The time limit for wrongful death claims in South Carolina is three years. As such, the claim must be filed within three years from the date of the person’s death, not the date of the injury.
Typically, wrongful death claims are filed by the deceased’s estate on behalf of surviving family members. The named executor makes the claims filing. However, if the deceased does not leave behind a will, the court will appoint family members to represent the deceased family and estate.
This could be a surviving spouse and his/her children, the deceased parents if there is no spouse or children, or a deceased heir if there is no spouse, children, or parents.
Wrongful death claims may arise in scenarios where a wrongful death is caused by an auto accident (due to speeding, reckless driving, DUI, or distracted driving) or medical malpractice (such as delayed diagnosis, misdiagnosis, medication errors, surgical errors, poor patient aftercare, or misinterpreting or ignoring test results), and workplace accidents.
In all these cases, the three-year time limit applies from the date of death.
Statute of Limitations for Claims Involving Government Entities
In cases where a government worker or government entity caused your personal injury, you typically have a shorter time frame to make your claim. Consequently, if you intend to sue a city, county, or state government (or their employees), they must act quickly and follow specific procedural requirements.
Before filing a lawsuit, the injured party must submit a formal notice of claim within a set period, typically six months to a year from the date of the injury. This notice alerts the government entity of the injury, outlines the grounds for your claim, and details your accident, including where and when it occurred.
Moreover, the notice notifies the government of the potential for legal action, allowing it to investigate or settle the matter before a lawsuit is filed.
So, suppose you’re injured in a car accident caused by a government vehicle, such as a city-owned bus or a state trooper’s patrol car. In that case, you must act quickly by collecting all the necessary evidence and filing a notice of claim—often within six months.
This is a necessary step to preserve their right to sue. If you fail to meet this requirement or the two-year statute of limitations, you will likely lose your right to pursue compensation, regardless of the severity of the injury.
Exceptions and Extensions
Tolling of the statute of limitation can extend the limitation beyond three years. Tolling refers to the pausing of the clock under certain conditions, such as when the injured party is a minor. In the eyes of the law, anyone under the age of 18 is incapacitated by being a minor and cannot be expected to make a claim. Their statute of limitation only begins when they reach 18 years old.
In the same light, when someone is injured severely and mentally incapacitated, the law does not expect them to be able to make a claim. As such, their statute of limitation does not start immediately.
Other possible exceptions include fraud or intentional concealment by the defendant, which might extend the filing deadline.
Why You Should Act Quickly
If you intend to make a claim for personal injuries, you should act fast. Acting fast is in your best interest since:
- It Protects Your Rights – You should gather evidence while it’s fresh and available. Acting early will ensure you can build a strong case, as collecting evidence and finding witnesses is easier right after the event.
- Delays Can Be Costly – If you delay, you risk losing evidence and some witnesses going missing. Losing evidence or getting faulty witness statements later on could make you lose out on potential compensation.
Considering the above, we recommend that the claimant consult a lawyer early. As a golden rule, speak with your personal injury attorney as soon as possible to evaluate your case and avoid missing deadlines.
Call Experienced Personal Injury Attorneys in Aiken
Understanding the statute of limitations is crucial for anyone seeking justice after a personal injury in South Carolina. Filing within the specified time frame preserves your right to pursue compensation, whether for medical expenses, lost wages, or emotional suffering.
With deadlines that vary based on case type—such as medical malpractice, wrongful death, or incidents involving government entities—knowing your timeline is essential. Acting quickly not only safeguards your claim but also ensures that evidence and witness testimonies are fresh, strengthening your case.
If you or a loved one has been injured, consulting with a personal injury attorney promptly can clarify your options and help secure the compensation you deserve. Don’t let time slip away—reach out for a consultation and take the first step toward justice today.
Call the personal injury attorneys at Johnson, Johnson, Whittle, Lancer, and Staggs today at (803) 649-5338 for a free consultation and more about your case and the applicable deadline for filing.
