How Long Do You Have to File an Injury Claim in South Carolina

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Many accident victims want to know, “How long do you have to file an injury claim?” The deadline — the statute of limitations — depends on the allegations you are making, against whom, and other factors. For example, you may have a different due date for a claim against the government versus for a car crash. Understanding and honoring this deadline is vital because missing it may mean the judge might throw out your lawsuit unless you can prove an exception applies.

The personal injury attorneys at Dan Pruitt Injury Law Firm have the education and experience to help clients determine when they need to take legal action and what steps they need to take to do so. We welcome the opportunity to meet with you and answer your questions. We seek to empower our clients with information and tools while providing technical and practical legal support along the way.

What Is the Statute of Limitations for Personal Injury Claims in South Carolina?

South Carolina law identifies several deadlines people must follow when bringing legal action against a person or business. For example, victims of common personal injury accidents — like auto wrecks, slips and falls, and dog bites — may have three years to file a lawsuit.

The three-year filing window may open when the incident happens or when the person realizes their losses are from the accident.

Exceptions may apply that alter the usual deadline.

Medical malpractice victims may have to follow a different timetable. If a doctor, hospital, nurse, dentist, surgeon, or other healthcare professional makes a mistake, the victim may have an opportunity to sue up to three years from the date of the negligent treatment. They may also be able to take legal action within three years after they discover or could have discovered that medical negligence caused their injury. That said, they also have to take this step within six years of the original medical negligence. Exceptions may shorten or lengthen this deadline.

Exceptions to the Statute of Limitations for Personal Injury Cases

South Carolina law has several exceptions that change the ordinary statute of limitations for different personal injury claims. For example, if the victim is under 18, the date on which they turn 18 — not the accident — may be the beginning of the statute of limitations.

Additionally, if someone has a legal disability, they may have more time to file their case, subject to other criteria in South Carolina law.

How the Statute of Limitations Affects Different Types of Injury Claims

Each type of legal allegation may have its own schedule for determining deadlines to sue. For example, if you are suing the government, you may have two years from the accident or from when you discovered or could have discovered the source of your losses. You must meet other requirements — like rules about sending in advance notice — to sue the government.

Filing a medical malpractice action may involve a different set of due dates than a car crash. For example, victims of a botched surgery may have three years from the surgery date or from when they realized the surgeon made an error. However, someone who was in a crash with a drunk driver may have up to three years to sue for personal injury and property loss.

What Happens if You Miss the Deadline To File a Claim?

If you miss the statute of limitations for personal injury in South Carolina, you may be unable to seek compensation unless you show an exception applies. For example, if the filing deadline fell on a court holiday, you could explain this to the judge or clerk. Additionally, if you did not discover the cause of your injury right away, you might be able to show that the date you made this realization — not when the accident occurred — starts the filing window clock.

Why Acting Quickly Is Essential for Personal Injury Claims

Acting quickly is beneficial when filing a personal injury claim in South Carolina. One reason is that taking legal action close to when the incident occurred helps ensure that you have access to crucial evidence. If you wait too long, finding fresh and accurate information you need to support your claim may be challenging. Additionally, taking swift action helps you make sure you meet the statute of limitations and can bring your case forward.

Steps To Take To Ensure Your Claim Is Filed on Time

The first step to help ensure you meet the filing deadlines is to talk to a seasoned attorney if you think you have a case. They can identify your due dates and explain what needs to happen to meet those. The next step is for you or your attorney to write up the legal complaint, the document that starts the lawsuit. It tells the court and the defendant who you are, why you are suing, and what you would like in return. Then, you would file this document with the appropriate court, serve it on the defendant, and prepare for the remaining steps of the case — such as discovery and settlement negotiations.

How an Attorney Can Help You Navigate Filing Deadlines in South Carolina

Partnering with a seasoned attorney in South Carolina can provide you with many benefits. The lawyer can meet with you to discuss your situation — e.g., the cause of the crash, your losses, and what compensation you would like — to understand the type of claims you might have.

From there, they can advise you on the deadline for filing those. Your attorney can also handle document preparation and filing, making sure the proper documents get sent to the correct court and defendant. Furthermore, the attorney can communicate with the court, insurance company, and defendant on your behalf, helping to move settlement talks in a fair direction.

Dan Pruitt Injury Law Firm: We Can Assist You With Filing Your Claim on Time

If you, like many other accident victims, wonder, “How long do you have to file an injury claim?” consider contacting a knowledgeable lawyer. Since 1993, the attorney at Dan Pruitt Injury Law Firm has helped victims find empowering solutions to their legal matters. Dan Pruitt leverages a client-centered approach to find creative, well-researched strategies to maximize his client’s chances of winning a fair financial award. Get in touch with his team today by calling (864) 721-6885.

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