How Long Do I Have to Sue a Drunk Driver for Damages in South Carolina?

June 17, 2022
drunk driver

If you were struck by a drunk driver and sustained serious injuries as a result, you probably have grounds for a civil claim. Assuming you didn’t play a major role in the crash yourself, you can seek funds for medical bills, lost wages, and other associated damages you end up incurring.

While you undoubtedly have a lot to do in the wake of the wreck, it’s wise to prioritize your claim. If for some reason you and the insurance adjuster are unable to arrive at a settlement, filing a formal lawsuit may be the only way to pursue every dollar you deserve. And in the state of South Carolina, you’re going to have a limited amount of time to do so.

Under tort law, personal injury plaintiffs have strict filing deadlines for bringing their actions to court. The typical statute of limitations is three years from the date on which they were hurt (or the date on which their injuries were discovered or should have been discovered through reasonable diligence). For drunk driving accident victims, that typically means three years from the day on which the crash occurred.

This might seem like plenty of time, but chances are it will pass a lot more quickly than you realize. What’s more, there are a number of exceptions that can actually shorten this deadline considerably.

If it turns out a government agency is ultimately liable, for example—perhaps the motorist was a bus driver employed by the municipality and was on the clock at the time—you may have just two years to proceed to court.

The easiest—and most accurate—way to determine precisely how much time you have to take legal action is by consulting an attorney. A knowledgeable personal injury lawyer will evaluate the situation from all angles and consider every factor that might influence the statute of limitations.

Your legal team will also help get your claim underway as soon as possible. Then, if the insurance adjuster does prove to be uncooperative, you still have plenty of time to file a formal lawsuit.

If you’re wary of moving forward with a claim because you don’t want to navigate complex court proceedings, don’t worry; most personal injury cases—including those involving drunk driving accidents—are settled.

Only a small percentage of these claims actually end up going to trial. And even if yours happens to be one of the few that does go to court, you won’t have to worry about handling the proceedings alone if you enlist legal help.

Discuss Your Case with a Drunk Driving Accident Attorney in South Carolina

For help with your personal injury claim, turn to Hodge & Langley Law Firm. Get the resources and experience of a powerhouse practice coupled with the personalized attention of a small, boutique firm. Call 864-585-3873 or fill out the Contact Form on our website to schedule a free initial consultation with a drunk driving accident lawyer in South Carolina.

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