South Carolina Injury Lawyers Explain Tort Statute of Limitations

Time is not always on your side

If you or someone you love is injured in an accident that resulted from a negligent act, delaying taking action can cost you dearly. South Carolina has a three-year statute of limitations on personal injury cases — meaning you only have three years from the date of the injury to file a claim. At Marcari, Russotto, Spencer & Balaban P.C., our experienced injury lawyers work to ensure you get the just and fair recovery you deserve.

What is a statute of limitations?

A statute of limitations restricts the amount of time in which an individual or entity has standing to bring a legal action. In South Carolina, our legislature has determined that the following time limits apply to bringing personal injury matters before a court:

  • For personal injury cases and wrongful death actions, injured parties have three years from the date the injury or death occurred.
  • For products liability cases, this limit is also three years.
  • Injury cases involving questions of libel, slander and defamation are limited to two years.

There can be adjustments to these limitations. For example, if considerable time elapsed between your injury and your discovery of that injury, an experienced injury lawyer could argue that this statue should commence from the time of discovery. This is known as the discovery rule.

Your lawyer may also be able to argue that a statute of limitations has been tolled in your case, or that time against the statute should not be counted. To illustrate this exception, if you were a minor at the time of your injury, a Marcari, Russotto, Spencer & Balaban attorney may be able to argue the statute of limitations should not begin to elapse until you reach adulthood.

Other limitations on personal injury cases

In some injury cases, a statute of repose may come into play. This applies mainly to products liability claims. It is a period of time after which a lawsuit may not be filed, even if an injury occurs. If the law says that there is a 20-year statute of repose relating to a product, such as a car or a refrigerator, if someone is injured by a defect in the product 20 years or more after its manufacture, the person cannot hold the manufacturer responsible in any way.

Let our knowledgeable South Carolina injury lawyers analyze your case and advise you

Statutes of limitations are only one aspect of an injury case. At Marcari, Russotto, Spencer & Balaban P.C., we bring more than 175 years of combined legal experience to the table for every injured victim we represent. Contact us online today or call (888) 351-1038 to arrange your free initial consultation. If you are unable to visit our offices, our attorneys are happy to meet you at your home or hospital room. We work on a contingency-fee basis, which means you owe us no fees unless we take on your case and earn you compensation.