What is The Statute of Limitations for Car Accident Lawsuits in SC?
You generally have three years from the date of your car crash to file a lawsuit for injuries or property damage in South Carolina. That clock starts running immediately. Miss it, and the court will almost certainly dismiss your case, no matter how solid it is. In SC, where crashes are common on I-26, I-95, U.S. 17, and U.S. 501, understanding this deadline is the difference between having a valid claim and no claim at all.
If your crash happened anywhere from Charleston to Columbia, Greenville to the Grand Strand, our car accident lawyers in South Carolina can help preserve evidence, determine the statute of limitations, keep insurers from running out the clock, and secure your compensation.
Where Does The Three-Year Deadline Come From?
South Carolina’s statute of limitations for personal injury and property damage arising from a car crash is set by state law. The rule requires that you file your lawsuit within three years of the crash date. Courts enforce this strictly. They won’t extend the deadline because negotiations are ongoing, injuries take time to heal, or an insurer promised to review your file.
State law codifies the three-year limit for car accident lawsuits. The clock typically begins on the day of the collision, not the day you receive a diagnosis or a final bill for your car accident-related losses.
Why You Can’t Miss The South Carolina Statute of Limitations for Car Accident Lawsuits
Courts treat the statute of limitations as a gatekeeper. If you file late, judges don’t weigh fault, injuries, or fairness. They close the case. That delay is understandable, but immensely dangerous for your case. Once it passes, evidence, witnesses, admissions, and negotiations will no longer matter. Your case will simply end.
Can The Deadline be Shorter or Longer?
Some cases have shorter timelines, while others may have longer deadlines. If a government vehicle is involved, such as a city bus in Columbia or a county truck in Horry County, additional notice rules may apply before you can even take legal action.
If the at-fault driver dies, estate procedures can likewise change the schedule. If the injured person is a minor, different and longer tolling (pausing) rules may apply. However, these exceptions don’t pause the three-year clock automatically.
Why Insurers Care About The Statute of Limitations in South Carolina and You Should Too
Insurers track statutes closely. As the deadline approaches, settlement leverage shifts. If the clock runs out, your claim ends without a check being written. For instance, you sustained back injuries after a crash on U.S. 501. The insurer requests repeated medical updates and needs more time. At two years and ten months, negotiations stall. If you didn’t file a suit within that timeframe, your case automatically expires.
What Can a Car Accident Lawyer in South Carolina Do to Protect Your Deadline?
From day one, a South Carolina car accident attorney can:
- Track every applicable deadline. That includes the three-year filing window, pre-suit notice requirements, and insurer reporting rules.
- Preserve crash evidence early.
- Secure medical records as your treatment unfolds.
- Prepare cases for filing well before the clock runs out.
Your lawyer can likewise manage insurer communications so ongoing negotiations don’t become an excuse to let time expire. When necessary, they’ll file a car accident lawsuit to protect your claim while talks continue.
Connect With Our Car Accident Attorneys in South Carolina
If you were hurt in a South Carolina car accident and are unsure how much time you have left, schedule a free consultation with our South Carolina car accident lawyers to protect your claim before the statute of limitations runs out. Contact Kinon Law Firm online or dial 843-488-9191 for more details.
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Car Accidents Catastrophic Injuries Personal InjuryRecent Posts
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