How long do I have to file a car accident suit in South Carolina?
Posted on Wednesday, October 16th, 2019 at 1:29 pm
If you are hurt in a car accident in South Carolina, you have up to three years to file a personal injury claim for damages, according to the state’s statute of limitations.
Don’t Wait That Long
While you technically have three years to file a personal injury claim, it is important to take action immediately. By taking prompt action after an injury, you can:
- Make sure that relevant evidence is preserved.
- Recover damages more quickly.
Your attorney can talk to you about the right time to file a claim and about how to protect your rights.
Some Exceptions Apply
While most cases need to be filed within three years of your car accident injury, South Carolina law does provide some exceptions to that general rule. Specifically, the statute of limitations may be tolled—or temporarily suspended—if:
- You were a minor at the time of the crash. If you were under age 18 and your parents or guardians failed to take action on your behalf then you have one year from your 18th birthday to pursue a car accident case.
- You were mentally incompetent at the time of the crash. If you were not mentally competent at the time of the accident, you have one year from the time you were designated competent to pursue a car accident case.
Your case begins when a summons and complaint are filed in court and service to the defendant is made within 120 days of the court filing. If you have questions about what to do after a car accident, how to start a case, or about your rights, then please start a live chat with us today to learn more.