A personal injury occurs when someone is hurt due to another person’s negligent, reckless, or intentional behavior, such as a slip and fall, medical malpractice, or a car wreck. Such an incident may cause emotional, physical, or financial damages, which the victim is entitled to receive compensation for.
In the state of South Carolina, a victim typically has three years to file a personal injury claim. However, suppose the personal injury was caused by a government entity (i.e. a government-issued vehicle, a police car, etc.). In that case, the deadline to file a claim is slightly shorter as it must be filed within two years of the initial accident.
Statute of Limitations in South Carolina
The Statute of Limitations is a law that defines when a personal injury lawsuit must be filed. Once this time has passed, the court can reject any attempts to file a lawsuit over the matter. In South Carolina, the Statute of Limitations for personal injury cases is found in SC CODE § 15-3-530 and gives victims three years to file their lawsuit against the accused perpetrator. However, this code only pertains to private individuals and organizations as opposed to federal government parties with a different amount of time (two years) and a stricter procedure to undergo in personal injury cases.
Other Important Things to Know Before Filing a Personal Injury Lawsuit in South Carolina
Personal Injury Claims Against the Government
Any personal injury claim against the state or municipal government must comply with the South Carolina Tort Claims Act. This act sets the regulations for filing a personal injury claim against the state or local government, so failure to comply could cause a case to become invalid.
The Statute of Limitations May Be Extended in Rare Instances
Tolling is a process in which the statute of limitations may be paused or extended. While rare, exceptions may merit tollings, such as a victim whose injuries surface years after the incident or a victim who didn’t discover the source of their injury until years later.
Notice Must be Given to Government Agencies
Suppose a person was injured due to a government entity. In that case, South Carolina’s Tort Claims Act requires them to give notice to the government agency within one year of the injury occurring or within one year of discovering the injury.
Have You Been Injured in an Accident? Contact Our Personal Injury Lawyers in Greenville, South Carolina
We understand the legal process can be complex and confusing, especially when recovering from a personal injury accident. Our team at the Hammack Law Firm is prepared to provide you with excellent legal guidance, to help you get you back on your feet again. Give us a call or fill out our online form to find out how we can serve you today!
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
