At the David W. Martin Law Group, we recognize that being injured in an accident can be a traumatic and distressing experience. We are committed to assisting our clients in navigating the legal system and obtaining the compensation they are entitled to. In any personal injury case, the statute of limitations, or deadline for filing a lawsuit, is an important consideration. In South Carolina, the statute of limitations for personal injury cases varies by type. Here is an overview of Greenville, South Carolina’s statute of limitations for the most common types of personal injury cases:
Car Accidents:
In South Carolina, the statute of limitations for car accident cases is three years from the date of the accident. This means that you must file your lawsuit within three years of the accident, or you will be disallowed from recovering damages. Note that the statute of limitations may be shorter if a government entity was involved in the accident.
Slip and Fall Accidents:
In South Carolina, the statute of limitations for slip-and-fall accidents is three years from the date of injury. This means that you must file your lawsuit within three years of the injury or you will be precluded from recovering damages.
Medical Malpractice:
South Carolina’s medical malpractice statute of limitations is three years from the date of injury or one year from the date the injury was discovered, whichever is earlier. In no event may a lawsuit be filed more than six years after the date the alleged act or omission occurred.
Product Liability:
South Carolina’s statute of limitations for product liability claims is three years from the date of injury. This means that you must file your lawsuit within three years of the injury or you will be precluded from recovering damages.
Wrongful Death:
In South Carolina, the statute of limitations for wrongful death cases is three years from the date of death. This means that you must file your lawsuit within three years of the decedent’s date of death, or you will be barred from recovering damages.
It is essential to keep in mind that the statute of limitations may be tolled or extended under certain conditions. For instance, if the injured party is a minor or incapacitated, the statute of limitations may be tolled until he or she attains majority or recovers capacity. In addition, the statute of limitations may be tolled if the liable party is out of state or in hiding.
At the David W. Martin Law Group, we are dedicated to educating our clients on their legal rights and options. If you have been injured in an accident, you should contact an experienced Greenville personal injury attorney as soon as possible to protect your legal rights. Contact us today to discuss your rights with a free consultation.
