There are a lot of moving parts following an accident. Most victims are overwhelmed trying to manage their physical injuries and daily life. Filing a claim, negotiating for fair compensation, and understanding their legal rights can be complicated for vulnerable victims. Unfortunately, South Carolina law doesn’t give accident victims unlimited time to heal, understand their legal options, and pursue compensation via a personal injury lawsuit.
How long after an accident can you sue in South Carolina? The answer to this question can shape how you manage your time following a personal injury accident.
What Is a Statute of Limitations?
Statutes of limitations are laws that set a time limit for when one party can take legal action against another. These laws affect civil and criminal cases. However, in civil cases, a statute of limitations gives accident victims a reasonable timeframe to gather and preserve evidence and take legal action against another party seeking compensation for injuries they suffered from an accident.
Why does the state need to set time limits for initiating legal action? It helps protect potential defendants from unreasonable or unfair legal actions. Additionally, the law recognizes evidence and witnesses’ memories can only be preserved for a limited time before memories fade or evidence gets lost or destroyed. Setting a legal deadline also helps to encourage accident victims to take prompt action so personal injury cases can move through the system and be resolved in a reasonable amount of time.
How Long After an Accident Can a Victim File a Personal Injury Lawsuit in South Carolina?
South Carolina law gives accident victims three years from the accident date to file a personal injury lawsuit. A personal injury lawsuit is a legal remedy that allows an injured accident victim to hold an at-fault party accountable for their careless actions. Accidents that can trigger a potential personal injury lawsuit can include:
- Car accidents
- Truck accidents
- Premises liability
- Product liability
- Medical malpractice
- Nursing home negligence
- Defective medical devices
- Wrongful death
Although medical malpractice cases have the same three-year time limit to file, the clock doesn’t always start counting down from the date of the malpractice. Sometimes, a patient does not discover malpractice until later in their recovery. The three-year deadline applies from either the date of the malpractice or the date a patient should have reasonably discovered the malpractice.
Can the Statute of Limitations Be Extended?
Rare circumstances can extend an injured individual’s time to file a personal injury lawsuit in South Carolina. For example, if an individual is younger than 18 at the time of the incident or is legally “insane,” they cannot legally manage their affairs. These designations can potentially extend the statute of limitations. Those under 18 have one year to file a personal injury lawsuit after their 18th birthday. Individuals who are legally disabled may have up to five years after the accident date or one year after the date they are declared sane.
An individual may have more time if the party attempting to sue flees the state and cannot be legally served. The time an individual is absent from the state does not count against the three-year deadline.
Extensions are rare, and you should always discuss your options with an experienced personal injury attorney who can evaluate the specifics of your unique situation.
What Happens If You Don’t File a Personal Injury Lawsuit Within Three Years?
Numerous potential complications can occur if an accident victim does not file a personal injury lawsuit within the allotted three-year time frame. First and foremost, if you file your case after the deadline passes, the court will likely dismiss it without a hearing. When the court refuses to hear your case, you lose your ability to have your day in court.
Missing the legal deadline to file a personal injury case can cause additional problems. Remember that most cases never go to trial. Instead, they settle outside of court. Pursuing a personal injury lawsuit can help give you additional leverage over an insurer or at-fault party, showing them you are serious about pursuing maximum compensation for your injuries. It puts you in a stronger negotiation position, with the other party knowing you will take your case before a judge or jury. However, you lose all leverage when the other side knows you are beyond the legal deadline to file a lawsuit.
Contact a South Carolina Personal Injury Attorney for Help
The personal injury attorneys at Evans Moore, LLC stand up for the rights of injured South Carolina accident victims. Call our office today at (843) 995-5000 or contact us online to set up a free consultation.