How long do I have to file my case?

Statute of Limitations in South Carolina The term statute of limitations refers to how long you have to file a civil case. Each state has its own statute of limitations laws, so it’s important to make sure you’re reviewing information for South Carolina before deciding how to proceed with your case.

Personal Injury

Personal injury claims seek compensation for injuries from car accidents, slip and fall accidents, dog bites, or other incidents caused by another party’s negligence. The statute of limitations for this type of case in South Carolina is three years, but the statute of limitations can be tolled, or suspended, if the victim is a child or declared legally insane. Tolling may also be possible if the defendant lives out of state for one year or more after the injury.

Wrongful Death

A wrongful death suit is a type of personal injury claim where the family members of the deceased are seeking damages related to the death. South Carolina’s statute of limitations for this type of case is three years from the date of death, unless the discovery rule applies. This means that if the deceased person knew or should have known about the cause of his or her illness or injury before death, the statute of limitations begins running from the time of discovery.

Product Liability

A product liability claim holds the manufacturer of a dangerous product responsible for the harm that it inflicted. This type of case has a three-year statute of limitations in South Carolina.

Medical Malpractice

Medical malpractice refers to injuries caused by a doctor, surgeon, dentist, nurse, chiropractor, or other healthcare professional. In most cases, this type of lawsuit must be brought within three years from the date of the treatment that caused the injury or the date the harm should reasonably have been discovered. Under South Carolina law, the maximum time limit is six years or two years if a foreign object is left in the body.

Retaining Legal Representation

As you can see, different statutes apply to different types of cases. In some circumstances, it may be possible to file more than one type of legal action based on injuries from the same incident. You should speak with one of our attorneys promptly so that we can determine the statute of limitations that applies to your case. Contact Hite & Stone today to request a free, no-obligation consultation.