Generally, you have three years to file a personal injury lawsuit in a South Carolina court. In most cases, the three years begin at the time of the accident. However, there are situations when the statute of limitations is extended or shortened.
If you miss the statute of limitations deadline, you will not recover compensation for your accident injuries. Knowing that a deadline could prevent your fair recovery may create more worry for you during an already stressful and painful time.
You do not have to handle your personal injury case or worry about deadlines alone. An experienced South Carolina personal injury lawyer at Derrick Law Firm Injury Lawyers can guide you through the process, ensure legal deadlines are met, and fight for your fair recovery.
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How to Meet the Statute of Limitations – And What Happens if You Don’t
Understanding that this three-year deadline is not a mere suggestion is crucial. It is a legal requirement. The only way to meet South Carolina's statute of limitations is to file a formal complaint in court. You may negotiate with insurance companies before and after your complaint is filed. However, communicating with the insurance company does not satisfy the statute of limitations requirement.
If you miss this deadline, your right to pursue a personal injury claim may be forever barred, regardless of the strength of your case. The defendant will likely raise the statute of limitations as a defense if you file your case too late. The court will consider the defendant’s motion and dismiss your case if it finds that you missed the statute of limitations deadline. This will keep you from recovering damages and holding the defendant accountable for the accident.
Why South Carolina Has a Statute of Limitations
The South Carolina personal injury statute of limitations serves several different purposes, such as:
Encouraging Prompt Resolution of Accident Claims
Encouraging injured parties to file their personal injury claims promptly promotes the speedy resolution of disputes, helping both parties reach closure more quickly. For accident victims, closure may mean receiving much-needed financial compensation for their injuries.
Preserving Evidence
As time passes, evidence can deteriorate or become lost. The statute of limitations ensures that both parties can access as much evidence as possible, promoting fairness in court proceedings.
Protecting Defendants
Defendants should not live in perpetual fear of potential lawsuits. A statute of limitations allows them to move on with their lives after a certain period, knowing they won't face an indefinite legal threat.
Exceptions to the South Carolina Statute of Limitations
While the three-year statute of limitations is the general rule for personal injury cases in South Carolina, some exceptions can either lengthen or shorten the time frame for seeking relief. It's essential to be aware of these exceptions.
Discovery Rule
In some cases, an injury may not be immediately apparent. In these situations, the statute of limitations may start when the injury is discovered or should have been discovered through reasonable diligence. However, this rule has limitations, and it's advisable to consult an experienced personal injury attorney if you believe it may apply to your case.
Minors and Mental Capacity
If the injured party is a minor or is mentally incapacitated at the time of the accident, the statute of limitations may be paused until they reach the age of 18 or regain their mental capacity. This ensures that vulnerable individuals have a fair opportunity to pursue their claims.
Government Liability
If your personal injury accident involves a government entity, such as a city or county, there may be stricter notice requirements and shorter timeframes within which you must take action. Personal injury attorneys with experience in government liability cases can help you meet all applicable deadlines.
Special Rules for Workers’ Compensation Cases
The South Carolina Workers’ Compensation Commission (SCWCC), which administers workers’ comp across the state, allows you 90 days to report a work-related injury or illness and two years to file a workers’ comp claim with the SCWCC.
Worsening Condition Deadline
If your claim is accepted, you receive benefits, and you complete all your medical treatment but feel that your condition is getting worse, you may file another Form 50 with the SCWCC for your worsening condition. You must do so within one year after receiving your last benefit payment.
Workers’ Compensation Deadline Exceptions and Extensions
Although the workers’ comp statute of limitations is a hard deadline in most cases, a few rare exceptions are possible for:
- Death claims. If an employee dies in a fatal work-related accident, the surviving family members are excused from the 90-day reporting rule but still must file a claim within two years.
- Waivers. If your employer voluntarily waives the statute of limitations or fails to invoke it when two years have passed, you may still file your claim for benefits.
- Estoppel. An employer that wrongfully prevents you from filing a claim within the two-year time period cannot invoke the statute of limitations as a defense.
- Cognitive or mental disability. If your injury or illness renders you mentally incapable of filing a claim, the statute is tolled (stopped) until you can do so.
- Minors. If you’re under 18 when you sustain your injury or illness, the statute is tolled until you reach legal age.
Federal Workers’ Comp Statute of Limitations
If you’re a federal worker in South Carolina, you’re covered by federal, not state, workers’ compensation. The filing procedure and statute of limitations differ for federal workers.
You must file a federal workers’ comp claim within three years from the date of your injury or the date when you know or should reasonably know you’ve developed a medical condition as a result of your work.
If you miss the three-year deadline, your claim might be accepted if your employer becomes aware of your injury or illness within 30 days of your accident or diagnosis.
As with state claims, it’s a good idea to report and file as early as possible with the assistance of a South Carolina workers’ compensation lawyer.
Three Years Can Go by Quickly
Three years may seem like plenty of time to file a personal injury accident case. However, several essential things need to happen before you file your case.
Investigation
An experienced South Carolina personal injury lawyer will investigate your accident claim to gather as much evidence as possible. It can take time to gather police reports, locate and talk with witnesses, secure video surveillance, and locate other relevant evidence.
Medical Care
Injury victims need time to seek medical care and for their care providers to make a diagnosis. Future medical care and costs can be a significant factor in many accident claims, so having as much information as possible is essential.
Paperwork
Filing a claim can involve a significant amount of paperwork, both for the actual filing and in support of the claim. Locating, completing, and gathering documents can take time.
Remember, you have until the statute of limitations expires to file your personal injury claim, but you can file any time before that date. One of our experienced South Carolina personal injury lawyers can advise you on when and how to file your claim and handle all aspects of the filing for you so that your rights are protected. With an attorney handling your case, you can focus on your recovery and well-being while they handle the legal aspects, ensuring your rights are protected.
