If you have been in a car accident and you’re considering filing a lawsuit, there’s one key element you need to be aware of: the statute of limitations. The South Carolina statute of limitations personal injury laws ensure that legal actions are taken within a reasonable time. This keeps the judicial system efficient and ensures that the evidence given is reliable.
But are there any exceptions to the rule? And do you have to face this process on your own? Find out everything you need to know about the statute of limitations for South Carolina car accident cases as explained by our Camden car accident lawyers.
What Is the Statute of Limitations?
The statute of limitations is a legal deadline that sets the maximum amount of time you have to file a lawsuit after an event occurs. This legal deadline helps to ensure fairness and efficiency within the judicial system. It encourages potential plaintiffs to pursue their claims without undue delay so that evidence remains fresh and reliable.
What’s more, it protects defendants from facing the indefinite threat of a lawsuit, helping them to move on with their lives after a reasonable period.
In South Carolina, the statute of limitations typically allows accident victims three years from the date of the accident to file a lawsuit. If this window is missed, you may forfeit your right to seek compensation, regardless of the severity of your injuries.
How Statute of Limitations Applies to Car Accidents
The statute of limitations influences everything in a South Carolina car accident case, from how you negotiate with insurance companies to how you prepare your case. Here’s why the statute of limitations time frame is crucial:
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Insurance Negotiations
The first step after an accident is to deal with insurance companies. If the deadline is approaching and no agreement has been reached, your leverage in negotiations might reduce, as insurers play the waiting game, hoping you’ll settle for less—or miss the deadline entirely.
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Evidence Gathering
Evidence such as eyewitness accounts, camera footage, and physical evidence from the accident scene is vital. As time passes, memories fade, footage may be erased, and evidence can disappear. Starting the legal process promptly helps ensure that your lawyer can gather and preserve critical evidence while it’s still available.
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Medical Assessments
Some injuries aren’t immediately apparent and may take time to develop fully. Continuing medical assessments can provide a clearer picture of the impact of your injuries, which is essential for valuing your claim accurately.
Determining When the Clock Starts: The “Discovery Rule” and Accident Dates
In most car accident cases, the South Carolina statute of limitations personal injury claim begins on the date of the accident. However, not all injuries are immediately obvious. Some conditions, like internal injuries or traumatic brain injuries, may not be diagnosed until weeks or even months later. This is where the discovery rule comes in.
The discovery rule allows the statute of limitations personal injury clock to start from the date an injury is discovered—or when it reasonably should have been discovered—rather than the actual accident date. This exception is not common in car accident cases, but it can apply in situations where symptoms are delayed or a medical diagnosis is not immediately clear.
Exceptions to Statute of Limitations
One key exception applies to minors (S.C. Code Ann. § 15-3-40(1)). If the injured person was under 18 at the time of the accident, they have up to their 18th birthday to file a lawsuit or one year after their 18th birthday. Similarly, if someone is mentally incapacitated due to the accident the statute of limitations is extended to five years.
Another important exception involves wrongful death claims. If a car accident results in a fatality, the victim’s family has three years from the date of death—which may be later than the accident date—to file a lawsuit. This gives families time to grieve before pursuing legal action.
Cases involving government entities have even stricter deadlines. If a government vehicle was involved, or if the accident was caused by a poorly maintained road or faulty traffic signal, special rules apply. Instead of the standard three-year timeframe, victims have only two years to file a claim against a city, county, or state agency.
How a Personal Injury Lawyer Can Help
After a car accident, navigating legal procedures and insurance policies can be difficult to deal with while managing your injuries. A personal injury lawyer can guide you through this complex process in four key ways:
- Expert Guidance: A car accident lawyer will take on the stress of the legal process. They’ll explain your rights and the steps involved in your case, ensuring you understand each phase.
- Case Preparation: Your lawyer handles the legwork. They build a strong case on your behalf, which is essential for a favorable outcome.
- Negotiation: Your lawyer will negotiate with the insurance companies for a fair settlement that covers your medical bills, lost wages, and other expenses.
- Court Representation: If a fair settlement isn’t possible, your lawyer will represent you in court. They’ll present your case, advocate on your behalf, and aim to achieve the best possible verdict.
Contact our Car Accident Lawyers
While three years may seem like a long time, the reality is that personal injury cases take time to build. Medical treatment, accident investigations, and negotiations with insurance companies can all extend the process.
At Savage, Royall & Sheheen, LLP, we help accident victims fight for compensation after a car accident. Our team understands the challenges of dealing with insurance companies and complex legal rules, and we will make the process as smooth as possible for you.
Contact our car accident attorneys at 803-432-4391 for a free consultation.