Car accident injury claims are time-sensitive. You must initiate before the deadline runs out. You may be wondering: What is the statute of limitations for a car accident lawsuit in South Carolina? You generally have three years from the date of a collision to file a claim. Here, our Columbia auto accident lawyer explains what you should know about the statute of limitations for filing a car crash claim in South Carolina.
Know the Law: Statute of Limitations
You do not have an unlimited amount of time to bring a claim after a crash. Under South Carolina law (S.C. Code § 15-3-20), there is a three-year statute of limitations for car accident injury claims. The time limit applies to both personal injury and property damage claims. Do not wait until you get close to the statute of limitations to file your South Carolina car accident lawsuit.
What Happens if You Miss the Statute of Limitations in South Carolina?
If you miss the statute of limitations for filing a lawsuit in South Carolina, you will generally lose out on your legal right to seek compensation for your injuries/damages. Indeed, courts in our state can outright dismiss a claim because the statute of limitations has already passed. In other words, you could lose your car accident injury case on a mere legal technicality if you do not file a lawsuit on time. Do not let this happen to you: Speak to a lawyer right away.
A Lawsuit Must Be Filed Within Three Years (Case Does Not Have to Be Resolved)
It is important to clarify that in South Carolina, the statute of limitations deadline is a field deadline. Put another way, it is the date upon which a lawsuit must be filed. The actual resolution of the case can occur after the three-year mark as long as a lawsuit has been brought on time. The law is designed to ensure that car accident injury claims are initiated promptly while still allowing for the discovery process, settlement negotiations, and, if needed, a trial.
Are there Exceptions to the Personal Injury Statute of Limitations?
South Carolina has a strict statute of limitations for car accident injury claims. With that being said, there are some relatively narrow exceptions to the rule. You may be able to file a car accident injury lawsuit after the statute of limitations has technically already passed by if any of the following three exceptions applies to your case:
- Minor: If the victim of a car accident in South Carolina is a minor at the time of the incident, the statute of limitations does not begin until the minor reaches the age of majority, which is 18 years old. While there is no reason to wait, the minor has until their 21st birthday to file a lawsuit for a car accident injury claim.
- Mental Incapacity (Victim): In South Carolina, if a car accident victim suffers from mental incapacity that prevents them from managing their affairs. The statute of limitations can be tolled (paused). The victim may have up to five years after the crash for them (or their representative) to file a car accident injury lawsuit.
- Discovery: Finally, South Carolina also has a discovery rule exception to the statute of limitations. The discovery rule is an exception to the statute of limitations that applies when the victim is unaware of the injury at the time of the accident. The statute of limitations does not start until the victim knew or should have known about their injuries. However, this is rare in car accident cases due to the immediate and apparent nature of most injuries.
Note: These are narrow exceptions. Whenever possible, you do not rely on an exception to the statute of limitations.
Be Proactive: Do Not Wait to Initiate the Claims Process
While three years may seem like plenty of time to take legal action, you do not want to fall behind the insurance company in the personal injury claims process. Every crash requires a proactive investigation. The sooner you speak to a top-rated Columbia, SC car accident attorney after a collision, the better your chances of getting the maximum settlement offer.
You Need Full and Fair Financial Compensation After an Accident
Were you injured in a car accident in Columbia or elsewhere in South Carolina? It is imperative that you can access the full and fair financial compensation that you need to pay bills and support your family. Along with other types of damages, our attorneys help injured victims fight for:
- Property loss, including automobile repairs;
- Ambulance service and emergency room care;
- Hospital bills and other medical expenses;
- Physical therapy and rehabilitative medical support;
- Loss of wages and diminished earning power;
- Pain and suffering & mental distress;
- Long-term physical disability; and
- Wrongful death of a family member.
How Our South Carolina Car Accident Attorney Can Help
A proactive approach to a car crash injury claim is a must. You do not want to miss out on your opportunity to bring a personal injury claim. You also do not want to fall behind the defense and/or insurance company in the legal claims process. Consult with a top-tier South Carolina car crash lawyer as soon as possible after a major collision. As a proven leader in personal injury law, our founding attorney Christopher R. Hart has the skills and experience you can trust when it matters.
Contact Our Columbia, SC Auto Accident Attorney for a Free Case Review
At Hart Law, our Columbia car accident lawyer is standing by, ready to protect your rights and your interests. If you have any questions about the statute of limitations, we are more than ready to help. Contact our law firm today for a free, no-obligation case review. From our office in Columbia, we handle motor vehicle accident claims throughout South Carolina.