After a personal injury, taking legal action is probably at the top of your mind. So, how long do you have to file a personal injury lawsuit? There is a legal deadline and missing it can bar you from seeking compensation.
Here is what you need to know about the statute of limitations and what you can do to build a strong case so that you can file in time.
What Is the Statute of Limitations?
The deadline to file is known as the statute of limitations. This is the maximum time after an incident to file a lawsuit. Once this time expires, the law prevents courts from hearing your case.
In other words, even if your injuries are severe, filing late means you can no longer pursue damages.
In South Carolina, the standard statute of limitations for most personal injury claims is three years from the date of the injury. This applies to accidents like:
- Car accidents
- Slip and fall injuries
- Dog bites
- Other general negligence claims
For example, if you were injured in a car crash on January 1, 2026, you would have until January 1, 2029, to file a personal injury lawsuit. Remember that filing one day late can be detrimental to your case. This is why you will want to talk to a personal injury lawyer right away.
Are There Special Deadlines for Other Claims?
While three years is the rule, some cases have shorter deadlines. These can include:
- Medical malpractice claims: In most cases, you must file within three years from the date of injury or when the injury was discovered, with a six-year maximum statute of repose.
- Wrongful death claims: These must be filed within 3 years of the date of death.
- Claims against government entities: If your injury involves a government agency, the rules are stricter. You often need to file a notice of claim within one year before even suing, and the lawsuit must follow a few specific procedures.
Since deadlines vary depending on the type of claim, you will want to reach out to an experienced South Carolina personal injury lawyer to confirm the exact timeline for your situation.
When Does the Clock Start?
Many people think that the statute of limitations starts on the date of the accident, but that is not always the case. Sometimes, the clock begins when the injury occurs, not when it is discovered. Once again, there are exceptions:
- Discovery rule: Some injuries, like certain medical errors or exposure to toxic substances, might not be immediately apparent. In these cases, the statute can start when the injury is discovered or should have reasonably been discovered.
- Minors and incapacitated persons: If the injured party is under 18 or legally incapacitated, South Carolina may delay the start of the statute until the person reaches adulthood or regains capacity.
Why You Should File as Soon as Possible
Even if you have three years, waiting to take action is not always in your best interest. Filing early or at least consulting with a lawyer does have several advantages:
- Evidence preservation: Over time, evidence can disappear. Witnesses move or forget details, photos get lost, and records can be destroyed. Filing early helps protect the evidence you need to prove your claim.
- Medical documentation: Early documentation of injuries strengthens your case. Insurance companies and courts rely on medical records to confirm the severity and cause of your injuries.
- Avoiding statute-related defenses: Defendants may try to argue you waited too long, even if you are within the statute. Filing right away reduces that risk and puts pressure on the other side to respond.
Don’t Wait Too Long to Take Action
How long do you have to file a personal injury lawsuit? In most cases, it is only three years, but there are some exceptions. You never want to wait too long, or you could be barred from pursuing compensation.
If you’ve been injured, don’t assume there’s plenty of time; you need to take action. At Truslow & Truslow PA, we can help you take those first steps in your case. Schedule a consultation today to learn more about your options.