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.
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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 vows to provide you with the highest legal expertise, so you can 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!