If you were hurt because of someone else’s carelessness, the law gives you a limited time to act. Miss the deadline and the claim is usually gone, no matter how strong it was. Here is how the personal injury statute of limitations in South Carolina works and the exceptions that catch people off guard.
The general rule: three years
Most personal injury claims in South Carolina, including car accidents, slip and falls and dog bites, must be filed in court within three years of the injury under S.C. Code § 15-3-530. Filing an insurance claim does not stop this clock. Only filing a lawsuit, or reaching a final settlement, protects the claim.
Claims against a government agency
Injuries involving a city, county, school district or state agency fall under the South Carolina Tort Claims Act, which has its own rules. The basic deadline is two years, and it can be extended to three years if a verified claim is filed with the agency within one year. The Act also caps damages and limits what types of claims can be brought. A crash with a county vehicle or a fall on public property should be reviewed quickly.
Wrongful death and medical malpractice
- Wrongful death: generally three years from the date of death.
- Medical malpractice: generally three years from when the injury was or should have been discovered, with an outer limit of six years in most cases. These claims also require pre-suit steps, including an expert affidavit and a notice of intent, which take time.
Injuries to children
Special rules can extend the deadline when the injured person is a minor. These rules are technical and do not apply the same way to every claim, including a parent’s own claim for the child’s medical bills, so do not assume extra time is available.
Fault still matters
South Carolina uses modified comparative negligence. You can recover damages as long as you were less than 51 percent at fault, but your recovery is reduced by your share of the fault. Insurance companies often use this rule to argue the injured person was partly to blame, which is another reason to preserve evidence early.
Why waiting hurts even inside the deadline
Three years sounds like plenty of time. In practice, surveillance video is overwritten within days or weeks, witnesses move, vehicles are repaired and injuries become harder to connect to the incident. The strongest claims are built while the evidence still exists.
- Get medical care and follow through with treatment
- Photograph the scene, the hazard and your injuries
- Keep bills, records and proof of missed work
- Avoid recorded statements to the other side’s insurer until you have legal advice
Get a clear answer on your deadline
Attorney John S. Keffer handles personal injury claims in Sumter, Florence and Clarendon counties, including slip and fall injuries and auto accidents. Contact us or call (803) 774-1004 to find out exactly how much time you have.
The general three-year rule appears in Title 15, Chapter 3 of the South Carolina Code.
Statute of Limitations FAQs
What happens if I miss the statute of limitations?
If you miss the statute of limitations, the court will usually dismiss the claim, and the insurance company has no reason to negotiate.
Does the statute of limitations start on the day of the accident?
Usually yes for injury claims, though some claims, such as medical malpractice, start the statute of limitations when the injury was or should have been discovered.
Does an insurance claim stop the statute of limitations?
No. Only filing a lawsuit or reaching a final settlement protects you before the statute of limitations runs.
This article is general information about South Carolina law, not legal advice for your situation.
