Statute of Limitations for Car Accident Lawsuits in South Carolina

June 4, 2020
Statute of Limitations for Car Accident Lawsuits in South Carolina

Unanticipated injuries can result in exorbitant medical bills, lost wages, and other unexpected costs. If you were hurt in a car accident and the associated expenses are adding up fast, you may be wondering how best to pursue compensation for your losses.

Depending on the circumstances, you may have grounds for a claim against the party or parties responsible for the wreck. It is important to act quickly, however, because essential evidence could be time-sensitive, and you have a limited amount of time to file the lawsuit if the opposing party refuses to pay a fair settlement.

In South Carolina, the standard statute of limitations for personal injury lawsuits is three years from the date on which the cause of action occurred. If you intend to sue a government entity, though, you have just two years to file suit for state law-based cases.

The filing deadline for wrongful death lawsuits is generally the same as it for personal injury cases. If your loved one died in the wreck, you would likely have three years from the date of death to file the lawsuit, or two years if the death was caused by a governmental entity.

Are There Any Exceptions to South Carolina’s Car Accident Lawsuit Filing Deadlines?

As with most laws, there are a few exceptions to the aforementioned statutes of limitations. For example, if any of the following apply, the filing deadline may be different than the limitations above:

  • The victim was under 18 at the time of the accident;
  • The victim had a mental illness or other incapacity that prevented him or her from taking legal action;
  • The victim and the liable party enter into an agreement to toll the statute of limitations; or
  • The liable party declared bankruptcy after the accident, and the court enters a stay on all legal proceedings.

When Should I Consult a Lawyer?

It is advisable to call an attorney as soon as practicable. A resourceful legal team will:

  • Obtain time-sensitive evidence before it is altered or destroyed;
  • Start tracking damages from day one;
  • Handle all correspondence with the opposing party; and
  • Prevent you from making mistakes early on that hurt your chances of recovering a payout down the road.

If the insurer refuses to pay a fair settlement, your lawyer can make sure the lawsuit is filed by the applicable deadline and help you navigate the various stages of litigation.

Discuss Your Claim with a Car Accident Attorney in South Carolina

If you were hurt in a car accident through no fault of your own, contact Hodge & Langley Law Firm. Our attorneys have over 50 years of combined experience in legal practice. 

By letting us handle the logistics of your case, you can focus on more important matters such as taking care of your family and making a full recovery. Call 864-585-3873 or fill out our Contact Form to schedule a free consultation with a car accident lawyer in South Carolina.

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