If you were hurt in an auto accident, bike crash, or some other type of personal injury incident, it’s crucial to understand how much time you have to bring a legal claim—especially if you were not at fault. At Alderson Law in Greenville, we help people protect their rights and meet strict deadlines under South Carolina’s statute of limitations so they don’t lose the ability to seek compensation.
State law sets specific time limits for filing personal injury and accident cases. These deadlines aren’t suggestions—missing them might mean losing your legal right to pursue compensation for medical bills, lost wages, pain and suffering, and other damages.
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What Does Statute of Limitations Mean?
It’s the legal rule that sets a maximum time period after an event, such as an accident or injury, during which you must file a lawsuit. If you try to bring a case after that deadline has passed, the court will usually dismiss it—even if your claim is strong. In our state, the statute of limitations for most personal injury and accident cases is codified under S.C. Code Ann. § 15‑3‑530, which is part of the official South Carolina Code of Laws.
The term “statute of limitations” comes from the concept that the law “limits” the time in which a legal action can start, and this idea has roots in longstanding civil procedure principles designed to balance fairness and judicial efficiency. This rule exists to promote fairness:
- For plaintiffs, it encourages a timely and just resolution of disputes while evidence is fresh.
- For defendants, it protects them from facing indefinite liability for old events.
What’s the Standard Filing Deadline Under the Statute of Limitations?
Most personal injury and accident lawsuits must be filed within three years from the date of the injury, or the date you reasonably should have discovered the injury.
This includes claims for auto accidents, truck wrecks, motorcycle accidents, and most other negligence cases. For example, if you were injured in a Greenville car accident on March 1, 2025, you generally must file your lawsuit by March 1, 2028. Failing to file within this period typically results in a judge dismissing your case—regardless of another party’s wrongdoing or how serious your injuries are.
Are There Exceptions to the Statute of Limitations?
Yes, South Carolina’s filing deadlines have important exceptions that can shorten or extend the time you have to file. Each of the following exceptions involves specific legal criteria. During a no-obligation consultation with Alderson Law, we make sure to provide you with the full details so you know what to expect in each situation.
Discovery Rule
In rare cases where injuries or their cause aren’t obviously apparent, South Carolina’s discovery rule allows the statute of limitations to begin when the injured person knew or reasonably should have known they were harmed. This rule most often applies in medical malpractice or product liability cases, but could also come into play in delayed-diagnosis or toxic exposure accident claims.
Government Entity Claims
If your accident involves a city, county, or state agency, such as a crash with a government vehicle, special rules under the South Carolina Tort Claims Act apply. You may need to:
- File a verified notice of claim with the government within one year of the injury, and;
- Then file your lawsuit within two years of the incident. Certain circumstances may extend this to three years, but only if all procedural requirements are met.
Minors and Incapacitated Individuals
If the injured person is under age 18 or legally incapacitated at the time of the accident, the statute of limitations may be paused or “tolled” until they reach adulthood or regain legal capacity. For instance, if your child was injured in a car accident, they typically have until their 21st birthday (18 + 3 years) to file a personal injury lawsuit.
When Does the Clock Start on Your Claim?
In most accident cases, the countdown begins on the date of the crash or injury. But as noted, if you didn’t discover your injury right away—or if government notice requirements apply—the start date may differ.
For example:
- For a typical auto accident injury claim, the three‑year timer usually begins the day of the wreck.
- However, if this crash caused a tragic death in your family, the claim starts on the date of death rather than the incident itself.
Knowing exactly when the clock starts is critical, as mistakes can cost your right to file.
Why You Should Contact Upstate SC Accident Lawyer Ryan Alderson Right Away
Deadlines under the South Carolina statute of limitations are strict and unforgiving. Waiting too long to get the facts might jeopardize your ability to preserve key evidence, document your injuries, or meet filing requirements, especially if filing exceptions apply.
Ryan, an experienced trial-ready attorney, and his team won’t waste a minute of your time. We take action right away to:
- Determine the exact deadline that applies to your case based on your specific circumstances.
- Handle any necessary government notice filings on time if a public entity is involved.
- Investigate the incident, collect evidence, and prepare your lawsuit so it’s filed well before the statute of limitations expires.
The sooner you act, the stronger your case. We’ll help empower you to hold the at-fault party accountable and pursue the outcome you deserve.