When youβve been injured due to someone elseβs negligence, time is not on your side π. While you may be focusing on healing, itβs also critical to protect your right to compensation.
South Carolina has strict deadlines for filing personal injury lawsuits β and if you miss the window, your case could be thrown out β.
At Burts Law, PLLC, we help injured clients across the state understand how long they have to take legal action and what to do before itβs too late. Hereβs what you need to know π
π Whatβs the Deadline to File a Personal Injury Lawsuit in SC?
In South Carolina, the general statute of limitations for personal injury claims is:
ποΈ 3 years from the date of the injury
This applies to most types of personal injury cases, including:
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π Car accidents
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π’ Slip and fall or premises liability
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π οΈ Workplace injuries (when a third party is involved)
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π§Έ Product liability
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π§ββοΈ Medical malpractice
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π₯ Wrongful death (3 years from the date of death)
π‘ If you donβt file within the time limit, the court will likely dismiss your case β no matter how strong it is.
β οΈ Exceptions to the 3-Year Rule
While 3 years is the standard deadline, there are important exceptions:
ποΈ Claims Against the Government
If your injury was caused by a government agency, school, or employee (like a city bus crash or unsafe public sidewalk), you must:
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File a notice of claim within 1 year, and
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File the lawsuit within 2 years
β οΈ Government claims have shorter deadlines and stricter rules, so donβt delay.
π§ Injuries to Minors
If a child is injured, the clock may not start ticking until they turn 18. However, some deadlines still apply to parents’ claims for medical bills or lost wages.
π§ Injuries Involving Mental Incapacity
If the injured person is mentally incapacitated, the timeline may be paused (“tolled”) until they regain capacity.
π₯ Why You Shouldnβt Wait
Even if you technically have time, waiting to file can hurt your case:
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π Witness memories fade
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πΈ Surveillance footage may be erased
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π§Ύ Key documents or physical evidence can go missing
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π° The insurance company may use delay tactics against you
π The sooner you speak with a personal injury lawyer, the sooner your rights β and your evidence β are protected.
π§ What To Do Right Away After an Injury
β 1. Get Medical Treatment
Always see a doctor after an accident, even if you βfeel fine.β Your health and your case both depend on it π₯
πΈ 2. Document Everything
Take photos of the scene, your injuries, and anything that could show negligence.
π¨ββοΈ 3. Call Burts Law, PLLC
Weβll help you determine your exact deadline, gather key evidence, and build a strong case β fast.
π (866) BURTS-LAW
π www.burtslaw-sc.com
π¨ββοΈ Why Choose Burts Law, PLLC?
We donβt wait around. We act quickly, file on time, and build strong cases to maximize your compensation.
If youβre hurt, the clock is already ticking. Let us step in and take action while you focus on healing.
π (866) BURTS-LAW
π www.burtslaw-sc.com
β° Donβt let time run out on your right to justice.