How Long Do You Have to File a Personal Injury Claim in SC?

Anthony-Burts-Burts Law

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if you or one of your loved ones needs legal representation, do not hesitate to contact us.

When you’ve been injured due to someone else’s negligence, time is not on your side πŸ•’. While you may be focusing on healing, it’s 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 ❌.

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 it’s too late. Here’s what you need to know πŸ‘‡


πŸ“… What’s the Deadline to File a Personal Injury Lawsuit in SC?

In South Carolina, the general statute of limitations for personal injury claims is:

πŸ—“οΈ 3 years from the date of the injury

This applies to most types of personal injury cases, including:

  • πŸš— Car accidents

  • 🏒 Slip and fall or premises liability

  • πŸ› οΈ Workplace injuries (when a third party is involved)

  • 🧸 Product liability

  • πŸ§‘β€βš•οΈ Medical malpractice

  • πŸ’₯ Wrongful death (3 years from the date of death)

πŸ’‘ If you don’t file within the time limit, the court will likely dismiss your case β€” no matter how strong it is.


⚠️ Exceptions to the 3-Year Rule

While 3 years is the standard deadline, there are important exceptions:


πŸ›οΈ 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:

  • File a notice of claim within 1 year, and

  • File the lawsuit within 2 years

⚠️ Government claims have shorter deadlines and stricter rules, so don’t delay.


πŸ§’ 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.


🧠 Injuries Involving Mental Incapacity

If the injured person is mentally incapacitated, the timeline may be paused (“tolled”) until they regain capacity.


πŸ₯ Why You Shouldn’t Wait

Even if you technically have time, waiting to file can hurt your case:

  • πŸ“‰ Witness memories fade

  • πŸ“Έ Surveillance footage may be erased

  • 🧾 Key documents or physical evidence can go missing

  • πŸ’° The insurance company may use delay tactics against you

πŸ“ž The sooner you speak with a personal injury lawyer, the sooner your rights β€” and your evidence β€” are protected.


🧭 What To Do Right Away After an Injury


βœ… 1. Get Medical Treatment

Always see a doctor after an accident, even if you β€œfeel fine.” Your health and your case both depend on it πŸ₯


πŸ“Έ 2. Document Everything

Take photos of the scene, your injuries, and anything that could show negligence.


πŸ‘¨β€βš–οΈ 3. Call Burts Law, PLLC

We’ll help you determine your exact deadline, gather key evidence, and build a strong case β€” fast.

πŸ“ž (866) BURTS-LAW
🌐 www.burtslaw-sc.com


πŸ‘¨β€βš–οΈ Why Choose Burts Law, PLLC?

We don’t wait around. We act quickly, file on time, and build strong cases to maximize your compensation.

If you’re hurt, the clock is already ticking. Let us step in and take action while you focus on healing.


πŸ“ž (866) BURTS-LAW
🌐 www.burtslaw-sc.com
⏰ Don’t let time run out on your right to justice.