Disclaimer: This article is for general information only and is not legal advice. Consult a licensed attorney to discuss the specifics of your case.
Detailed Answer
Statute of Limitations under South Carolina Law
In South Carolina, you must file a personal injury lawsuit within two years of the date the injury occurred. The governing statute is SC Code § 15-3-530. If you miss this deadline, the court will likely dismiss your claim as time-barred.
Key Exceptions and Special Rules
- Discovery Rule: For latent injuries not immediately apparent, the statute may begin when you discovered or should have discovered the harm.
- Minors and Mentally Incapacitated Persons: The deadline typically tolls until the minor turns 18 or the individual regains capacity (SC Code § 15-3-20).
- Medical Malpractice Claims: These claims often follow a three-year deadline from the date of injury, subject to separate rules (SC Code § 15-3-545).
- Claims Against Government Entities: Suits against the state or local government require notice within one year and suit within two years (SC Code § 15-78-100).
Consequences of a Missed Deadline
If you file after the statute of limitations expires, the court will likely dismiss your case with prejudice. You lose the legal right to seek compensation for your injuries.
Helpful Hints
- Track the exact date of your accident and start counting the deadline immediately.
- Gather evidence early: photos, witness statements, medical records.
- Consult an attorney as soon as possible to evaluate your timeline.
- Be aware of special rules if you were a minor, mentally incapacitated, or if the defendant is a government entity.
- Document any discovery of latent injuries and note when you first became aware of them.