How Long Do I Have to File a PI Claim in SC?
If you are injured in South Carolina, you only have three years to file a legal claim. This limitation period begins at the time of your accident, but there are circumstances in which the clock can be paused, allowing you more time. However, no matter your circumstances, South Carolina law only permits a maximum number of years in certain situations for an injury victim to take legal recourse.
In this article, our Greenville personal injury lawyers discuss what situations may extend the statute of limitations in a personal injury case, as well as the advantages of hiring experienced counsel.
What is a Statute of Limitations?
A statute of limitations is an allotted amount of time in which a plaintiff can take legal action. Different types of cases will have varying limitation periods, which will also change based on which state you reside in. The South Carolina legislature implements a three-year time frame for personal injury claims. This time period begins when the cause of action accrues (beginning the date of your accident or injury). If you fail to make your claim within three years of your accident, then you will likely be barred from recovery.
Exceptions to the Statute of Limitations in PI Cases
Although the three-year limitation period will apply in most cases, there are certain situations that will pause or “toll” the statute of limitations:
Discovery Rule
You cannot take legal action until you are made aware of or should become aware of your injuries. If a reasonable person would have discovered their injuries at a certain time, but you failed to investigate the matter, then the statute of limitations will likely begin running on that date.
If you did not find out about your injuries until a later date, and could not have known earlier, then the limitation period will begin on the date you discovered your injuries.. This applies most often in medical malpractice cases, in which a surgeon or general practitioner’s negligence may not be discovered until symptoms begin to appear. However, medical malpractice victims are only allowed six years to take legal action.
Minors
If a child is injured, the statute of limitations will be “tolled” until the individual turns 18 years old. Upon turning 18, he or she will typically have one year to file a personal injury suit.
Insanity
Under SC Code §15-3-40, if a person is declared mentally disabled at the time of the incident, the limitation period can be extended. Although the period of disability is not considered part of the limitation period, an individual must file suit within five years of the date of injury or within one year after being declared mentally competent, or the earlier of the two.
Benefits of Having Experienced Representation
During a time when you are taking every step to heal, you cannot expect to learn the ins and outs of personal injury law. At Fulton & Barr, Attorneys at Law, we are devoted to helping personal injury victims recover just compensation for accident-related expenses. Our Greenville personal injury lawyers will conduct our own investigation into the matter to determine liability and the entirety of your losses. By working with our lawyers, you will have a means of acquiring the financial resources you need to return to the life you once knew.
Contact Our Greenville Personal Injury Lawyers Today
A personal injury can halt your life, forcing you to attend a stream of medical appointments as you wade through what appears to be an endless stack of medical bills. If you have been injured in Greenville, South Carolina, or the surrounding upstate area, the personal injury attorneys at Fulton & Barr, Attorneys at Law, would like to hear from you. To learn how we can help or to schedule your consultation, contact us online or by phone today.
Recent Posts
How Long Do I Have to File a PI Claim in SC? What are the Main Causes of Pedestrian Accidents? How Do I Know If I Have a Workers’ Comp Claim? How Can Someone Lose Their Benefits? What Does Workers’ Compensation Include?