A person only has a certain amount of time to file a personal injury claim and must be filed within what is referred to as the statute of limitations. Under South Carolina law S.C. Code Ann. § 15-3-530(5), the statute of limitations for a personal injury claim is three years. Specifically, the statute provides that a person has three years from the time they knew they had a cause of action, or by reasonable diligence should have known they had a cause of action, to file suit for a personal injury claim. In personal injury claims such as a car accident or premises liability claim, the timing is simple and is generally three years from the date of the accident. However, often times in other cases such as medical malpractice or product liability from a prescription drug, one may not experience side effects until later down the road and the timeline is not as clear cut. In general, with any type of claim, it is generally best to commence action as soon as practical. If you think you may have a personal injury claim but are not sure if you still have time to bring it, contact a South Carolina personal injury lawyer who can answer your questions and provide information for you.
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