Timeline for a Catastrophic Injury Lawsuit in South Carolina

The aftermath of an accident can result in disorientation and profound confusion, especially if you were caught by surprise. It may take you several moments or even minutes to regain awareness of your surroundings. In the wake of an injury or accident, you may be unsure how to seek medical and legal help.

If you have been injured, you deserve compensation for accident-related damages. However, South Carolina allows personal injury victims only three years to file a claim in court. Certain exceptions can extend your timeline, which is why you should speak with a catastrophic injury lawyer in Charleston, SC, to review your options.

Understanding the Statute of Limitations for Injury Claims

A statute of limitations is the amount of time that a plaintiff is given to bring their case to court. The statute of limitations is designed to preserve evidence and other information pertinent to a lawsuit. Civil cases have different statute of limitations based on the type of case. You must bring your case to court within that time frame to recover damages. In most circumstances, if you miss the statute of limitations, you will be barred from recovery.

South Carolina’s Deadline for Catastrophic Injury Lawsuits

Under SC Code §15-3-530, personal injury cases in The Palmetto State have a three-year statute of limitations. This is the standard limit for motor vehicle accidents, slip-and-fall claims, defective products, medical malpractice, and wrongful death claims. Unfortunately, no additional time is granted if you sustain catastrophic injuries. However, there are scenarios that may pause or “toll” the statute of limitations, giving you extra time to file your claim.

Circumstances that “toll” the statute of limitations in a Charleston, SC, catastrophic injury claim include:

The Discovery Rule in Catastrophic Injury Cases

If you did not discover your injury until a later date, the statute of limitations will begin running once you are made aware of or should be aware of your injuries. Medical malpractice is a prime example, as a patient may not experience symptoms until days or weeks after a hospital stay or surgical procedure. Under the Discovery Rule, the three-year timeline begins on the date of discovery of the injury, not the date of the injury.

Tolling the Statute of Limitations Due to Fraud

If the negligent party hides evidence that links their actions to your injury, the legal “clock” will not begin until the fraud is discovered. In some cases, the liable party may face criminal charges, including jail time, steep fines, and restitution to the victim.

How Minor Status Affects Injury Lawsuit Deadlines

If you were a minor at the time of the accident, the legal “clock” will not start until you turn 18 years old. This exception allows individuals to seek legal recourse upon reaching the age of majority. While a parent or guardian can file a lawsuit on a minor’s behalf, this is not always feasible.

Speak With a Charleston Catastrophic Injury Lawyer Today

A catastrophic injury can lead to debilitating and long-term disability, making it impossible to pick up your children or have the life you once knew. Victims of catastrophic injuries deserve compensation for their hardship. However, the state provides them with only three years to pursue legal action. If you have experienced a catastrophic injury, even if the statute of limitations has run out, Mark C. Tanenbaum would like to speak with you.

To schedule your free consultation, contact us online or call (843) 577-5100.