How Long Do I Have to File a Personal Injury Lawsuit After an Accident?

Normally, injured victims have three years from the injury or accident date to file a personal injury lawsuit in South Carolina. In legalese, this is known as the statute of limitations, which sets a strict time limit for when an injured victim can file a personal injury lawsuit to pursue compensation after an injury or accident.

On the other hand, this strict deadline can be extended or tolled under certain circumstances. If you’ve been injured in an accident due to someone else’s negligent actions, don’t delay discussing your case with a Conway personal injury lawyer to find out how the statute of limitations applies to your specific situation. Otherwise, you risk losing your right to obtain compensation from the party responsible for your injuries and losses.

Timing Matters When Filing a Personal Injury Lawsuit in Conway

If you don’t file your lawsuit within the three-year deadline, the judge may refuse to hear your case, and you will be barred from seeking monetary compensation, even if your personal injury claim is valid. This applies even if you have solid proof of the other party’s fault and you suffered a life-threatening injury or are left with a permanent disability.

In rare cases, some insurance providers may offer settlements. However, the amount is significantly lower than the value of the injured victim’s claim or what they would have gotten if they won the lawsuit. The reason for this is that the insurer knows they can’t be sued because the victim missed the deadline.

In addition, witnesses may become unavailable or forget the details of the accident, and evidence may be lost or inadvertently tampered with. Filing a personal injury lawsuit helps ensure that the evidence you need to support your case is fresh and preserved. 

Tolling The Statute of Limitations for Personal Injury in Conway

Tolling or extending the period for filing a personal injury lawsuit means the time limit will be paused for some time. SC law provides exceptions that can toll the statute of limitations if the:

• The injured victim is a minor.
• Signs of injury aren’t immediately clear, such as an injury due to exposure to toxic substances or certain types of medical negligence.
• Injured victim is mentally incompetent.
• Defendant is in hiding or out of state.

However, you should know that these exceptions are uncommon, so you shouldn’t look to them as an excuse to delay taking legal action. In general, the three-year time limit will apply to most cases regardless of individual circumstances. The sooner you speak to a Conway personal injury attorney and start building your claim, the higher your chances of securing maximum compensation from the party that injured you.

Let Our Experienced Conway Personal Injury Attorney File Your Claim On Time

Waiting until the filing deadline has expired could mean the difference between getting the justice and compensation you’re owed under the law and losing your legal right to get compensated for your injuries and other damages. Contact our Conway personal injury lawyer at the Law Offices of L. Morgan Martin, P.A. today to learn more about your specific situation and ensure you take the right steps to protect your right to pursue compensation.

You can schedule your free initial consultation with our Conway personal injury attorney by calling 843-248-3177 or contacting us online.