( 300+)The South Carolina personal injury statute of limitations lays out the maximum amount of time an injured victim has to file a claim. Accident victims must pay close attention to the deadline, because failure to file on time can result in a case being dismissed. That would mean no compensation, regardless of the severity of your disabilities.
This is one of the most overlooked South Carolina personal injury laws. Reach out to an experienced Greenville personal injury lawyer for help with your case. We can file a lawsuit if the deadline is rapidly approaching and take other important steps, such as searching for evidence. Our consultations are free, so there is no risk of contacting our office today.
What is the South Carolina Personal Injury Statute of Limitations?
You can find the statute at South Carolina Code § 15-3-530(5). This subsection applies to personal injury cases, where a person alleges they suffered bodily injuries due to another person’s negligence. The law gives victims three years to file a personal injury lawsuit.
A key question is when the clock begins. Typically, a victim gets three years from the day of the accident because they should immediately know they have a legal claim. Suppose a speeding motorist crashes into a pedestrian. The pedestrian will know they are seriously hurt the day of the crash. The same is true of most motor vehicle survivors, as well as someone hurt in a slip and fall.
However, some injuries are latent or hidden. South Carolina Code § 15-3-535 comes into play in those situations. It states that the plaintiff should initiate their claim within three years of the day they knew or should have known they had a cause of action.
An example would be someone injured due to toxic exposure in their apartment building. They might not develop cancer for years, and it would be unfair to prevent them from seeking justice if more than three years passed before they knew they were hurt. So section 15-3-535 gives them more time.
Call our office if you have questions about which deadline applies to your case. Injured victims do not need to look at calendars and try to figure out how much time remains. An experienced personal injury lawyer can review the facts and move to protect your rights.
Wrongful Death Actions
If a loved one died in a fatal accident, then family members might bring a wrongful death case to seek compensation from the person responsible for the death. A wrongful death case also has a three-year statute of limitations. However, the clock begins on the date your loved one died. That might be weeks or months after the accident.
For example, your spouse might have been struck crossing the street by a speeding motorist on June 30 but not died until July 4, 2025. The wrongful death action must be filed by July 4, 2028, which is three years after the date of death.
Consequences of Filing a Lawsuit Too Late
This is a critical deadline to meet. If you file too late, then you will probably lose the ability to seek compensation for the person responsible for your injuries. The defendant can ask a judge to toss your legal claim out of court. In our experience, judges will agree, which means you lose the capacity to seek compensation in a lawsuit.
Furthermore, you will lose leverage in settlement negotiations. Any insurance company negotiates a settlement by considering what they might end up having to pay if they lose a lawsuit. That fear disappears if you wait too long to file a legal claim. In those situations, the injured victim might receive only a small settlement, if they receive anything at all.
Some people think the statute of limitations is unfair. They believe an injured victim should get an unlimited amount of time to seek justice. But the state disagrees, and judges will enforce the statute if you file too late.
Exceptions to the South Carolina Statute of Limitations for Personal Injury
The three-year statute of limitations is a general rule. Some injured victims will get less time, while others might get more. Anyone hurt in an accident should pay attention to key exceptions:
- Minors. South Carolina considers being a minor a legal disability. That means the statute of limitations is paused (“tolled”) until the disability disappears, which is when they turn 18. At that point, a child might have one to three years to file; it depends on the child’s age when they were injured.
- Government defendant. You might have been injured by someone working for the state or local government. Generally, you get only two years to file a claim against them unless you file a verified complaint within a year, in which case you get the full three years.
- Concealment. If the defendant concealed their misconduct, then you might get more time to file a lawsuit. You will need to have evidence of concealment.
No accident victim should count on qualifying for one of these exceptions. The law is more complicated than we can summarize here, and it is always best to hire a lawyer to review your case. You might not qualify for an exception, so you need to file a lawsuit quickly. Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC can get to work as soon as we are hired to protect our clients.
Speak with a Greenville Personal Injury Lawyer
Family, Personal Injury, & Car Accident Attorneys, LLC, has helped injured victims vindicate their rights and hold negligent defendants legally accountable. We have negotiated generous settlements for personal injury clients who were hurt in motor vehicles and other accidents.
Victims should not wait too long to contact a law firm. Many of our clients call us from the hospital or as soon as they head back home after an accident. We can meet to discuss your accident and injuries and map out a strategy for obtaining financial compensation. Contact us today to speak with a lawyer serving the 29605 zip code.
