Navigating the Legal Maze: A Comprehensive Guide to the Carolinas’ Personal Injury Statute of Limitations

Did you know if you’ve been injured in an accident and want to hold the party at fault responsible, you only have a certain amount of time to file? This time limit is called the statute of limitations. We’ve compiled a comprehensive guide to the Carolinas’ personal injury statute of limitations. Personal injury claims arise when someone is injured and they are able to hold the other parties at fault responsible. One of the most important things you can do if you’ve been involved in an accident is to call a personal injury lawyer like Morris Law. At Morris Law, we look out for our community, and we have served the area of Greenville, SC, for many years. When trying to understand everything involved in a personal injury case, you want the best team on your side.

What is the Statute of Limitations and the Discovery Rule?

The statute of limitations places time constraints on a plaintiff’s ability to take legal action. For personal injury cases in South Carolina, S.C. Code § 15-3-530(5) states you have three years to file your lawsuit in court. To find out when that clock starts to run, this is where the discovery rule comes into play. This rule defines the beginning of the three years you have to file your lawsuit as the date you were injured. It seems pretty straightforward if you were in a situation where there was an accident, you were injured, and you know who and what caused your injuries. However, it’s not always that straightforward. 

Even if you discover an injury later that you didn’t realize you had before, the courts consider whether the injured person exercised reasonable diligence in discovering their injury. This means that they could decide that you should’ve reasonably discovered your injury sooner, so the statute of limitations may have started earlier. That’s why it’s always crucial to seek medical attention after an accident to ensure all injuries are documented immediately, and there’s a clear date of discovery.

Can the Statute of Limitations be Extended?

There are a few cases where the statute of limitations can be extended. It’s important to discuss your individual case with a qualified personal injury attorney so they can help you navigate your way through. Some of the reasons the statute of limitations can be extended are if you were a minor at the time of the accident or if you were mentally incapacitated at the time of the accident. If you were a minor at the time of the accident, you’ll have until a year after your 18th birthday to file a claim. Individuals who were mentally incapacitated have five years to file after the time of their accident. To understand all of the reasons the statute of limitations can be extended, speak to your lawyer.

Does this Mean My Case has to be Completed in Three Years?

No, the statute of limitations only applies to when the case is filed, not how long a claim takes to reach a resolution. However, this doesn’t mean you should take your time in filing. It’s important to file immediately to get your financial compensation.

Hiring the right attorney to help you file your claim is very important, and at Morris Law, we believe our experience and compassion for your case sets us apart from the rest. We work with you to get you the compensation you deserve quickly so you can move on with your life and return to a new normal. As your legal counsel, we can:

• Fight vigorously to protect your rights and represent your best interests
• Review the details of your case and carry out a thorough, private investigation
• Gather all relevant information, necessary pieces of evidence, and required documentation
• Seek to prove fault and establish liability
• Determine the full impact of your injuries and other losses and estimate case value
• Negotiate a fair financial settlement with the insurance company
• File a personal injury lawsuit if necessary

Don’t wait—contact us if you’ve been in an accident and need to file a personal injury claim. The clock is ticking, and you don’t want to miss the opportunity to get the compensation you deserve.