If you or a loved one have been harmed in an accident through no fault of your own, you may be eligible to bring forward a claim for compensation. However, it’s important that you act in a timely fashion – in South Carolina, like most other states, a statute of limitations exists.

What is a Statute of Limitations?

A statute of limitations is a law that specifies how long a party has to bring a lawsuit forward. In civil cases, which personal injury falls under, the statute of limitations can be surprisingly short. In many cases, individuals who have been injured in car accidents or have been the victim of medical malpractice, the statute of limitations may be in danger of expiring before all treatment has been completed.

How Long is the Statute of Limitations for Personal Injury Cases in South Carolina?

In South Carolina, personal injury cases as a whole have a 3-year statute of limitations. The time frame begins on the date the incident occurred.

  • Personal Injury, 3 years, S.C. Code § 15-3-530(5)
  • Medical Malpractice, 3 years, S.C. Code §§ 15-3-530(5) and 15-3-545
  • Product Liability, 3 years, S.C. Code § 15-3-530(4), (5)
  • Property Damage, 3 years, S.C. Code § 15-3-530(4)
  • Wrongful Death, 3 years, S.C. Code § 15-3-530(6)

In cases where the defendant is a government entity, the statute of limitations can be as little as two years.

The Importance of Acting Quickly after an Injury

If you or a loved one have been injured, or a loved one has been killed in an accident, it’s critical that you act quickly and obtain help from an experienced personal injury attorney. Your lawyer will need time to gather evidence to support your case, and if you wait too long, you may be dangerously close to the statute of limitations expiration date.

My Treatment Isn’t Complete – How Will Damages Be Calculated?

Many people assume that they need to have all treatment completed in order to accurately calculate a sum for damages. While having medical bills and records of other expenses is extremely valuable in a personal injury case, it is not an absolute requirement that you wait until your treatment is completed to file a personal injury claim.

Often, treatment for accidents goes on for years, especially in cases where individuals were seriously injured and require physical therapy or ongoing care. In cases where emotional trauma is a factor, the need for counseling may extend well beyond the statute of limitations time frame.

Your attorney can work with your medical care providers and forensic accountants to determine a fairly accurate number of future expenses that you are expected to incur, and this amount can be included along with the expenses you’ve already incurred in your personal injury claim.

Contact Guest & Brady, LLC Today

Don’t wait to get legal help after an accident, injury, or wrongful death. Contact the compassionate and zealous attorneys at Guest & Brady, LLC for more information about how to file a personal injury claim. Our lawyers will work hard to see that you are awarded the full and fair compensation you deserve. Call us now at (864) 233-7200.