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L. Morgan Martin, p.A.
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Is there a time limit on filing a personal injury lawsuit?

The law limits the amount of time you have to bring forth a lawsuit in a personal injury case. This law calls this the statute of limitations.

It is critically important that you understand the amount of time you have to file your lawsuit. Once the timeline set by the statute of limitations runs out, you are permanently barred from pursuing your case in court.

Why does South Carolina have a statute of limitations?

Limiting the amount of time plaintiffs have to file a personal injury lawsuit serves three purposes:

  1. Peace of mind. The statute of limitations prevents an indefinite threat of a lawsuit.
  2. Protect evidence. The statute of limitations ensures witnesses and evidence are fresh, aiding in a just outcome.
  3. Reduce litigation costs. The statute of limitations helps make litigation less expensive for everyone involved.

What is the statute of limitations for a South Carolina personal injury lawsuit?

Each type of civil case has its own limitation period. For personal injury lawsuits in South Carolina, the statute of limitations is three years. The court may grant an exception for children under the age of 18, or in cases where the defendant hides or leaves the state.

When does the timeline start?

The timeline for the statute of limitations period begins to run on the date you discover, or should have discovered, your injury. Generally, this date is the same as your incident or accident.

Knowing the statute of limitations and how it applies to your personal injury case can help ensure you do not lose the chance to pursue your case in court.

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