If you have been injured in a car accident, you do not have an unlimited amount of time to file a claim. South Carolina law is very strict about how long you have to seek compensation after car accident injuries. Don’t run the risk of missing this deadline—it means that you will come away empty-handed and without financial compensation. Contact attorney Frank Hartman and his team of experienced Charleston car accident attorneys at The Hartman Law Firm, LLC to begin the legal process.
Key Timeframes for Filing a Car Accident Claim in South Carolina
South Carolina law limits the time you have to file a claim or lawsuit after a car accident. In South Carolina, the statute of limitations for a personal injury case is three years from the time you were injured or should have known that you were injured.
Usually, the statute of limitations begins to run on the date of your car accident, as that is when your injury occurred. However, there are times when you may not realize you have been hurt until days or weeks after the accident. For example, if you have suffered a whiplash injury, you may not experience symptoms of the injury until some time later. It is at that point when the statute of limitations begins. However, you must make diligent efforts to learn of your injury and take action to get diagnosed when you begin to experience symptoms.
The Reason Behind the Statute of Limitations
South Carolina law gives you certain rights as an injured accident victim. The law also aims to be fair to potential defendants. If there has been an accident, a possible defendant also needs to know that they can only be held responsible within a certain period. They may have their evidence and witnesses that tell their side of the story, and they could lose this evidence over time. It would not be fair if you could surprise a defendant many years in the future with a lawsuit that they were no longer expecting.
Consequences of Missing the Statutory Deadline
The statute of limitations is an inflexible deadline. It does not matter whether you miss it by a day or a year—the result will be the same. Your legal right to financial compensation has expired once the statute of limitations has run.
If you file a lawsuit after the statute of limitations has elapsed, the court will dismiss the case. Even if the defendant did not raise the statute of limitations as an affirmative defense, a judge will still not allow your case to proceed to the merits. Therefore, you must pay close attention to the calendar to avoid this consequence.
Exceptions to the Statute of Limitations
There are only a handful of exceptions to the statute of limitations, and they are very strictly construed. You are the one who has the burden of proof to show that an exception applies; otherwise, your case will be dismissed. You never want to be in the position of having to argue that an exception applies because they are generally not favored by law.
Exceptions to the statute of limitations include the following:
- If a minor was under 18 at the time of the accident, they have one year after their 18th birthday to file a claim.
- One may have extra time to file a claim if they were not mentally competent during the period of the statute of limitations.
- If the defendant moved out of the state of South Carolina, the statute of limitations pauses and begins to run again when they return to the state.
There may also be different statutes of limitations in other cases. For example, if you were suing the government for negligence resulting in your car accident, you would only have two years to file a claim.
Common Misconceptions About the Statute of Limitations
The most common misconception about the statute of limitations is that people think they have that much time to file a claim and, accordingly, wait until the last minute to do so. In reality, the statute of limitations is the outer bound of when you should file a claim—you should not wait that long to begin the legal process. If you wait nearly three years to start the legal process, you may find yourself locked out of financial compensation. It is extremely difficult to begin a claim from scratch when a considerable amount of time has passed after your injury. At the least, you should contact an attorney and let them begin their investigation and the legal process. Your attorney will then advise you about the best time to file your claim or lawsuit.
When To Contact a Lawyer After Your Car Accident
Even though you may be dealing with physical injuries, the time to contact an attorney is immediately after your car accident. The more time that elapses, the harder your case for financial compensation becomes. You may lose key evidence you need to prove negligence in your case, and you may be a target for the insurance company trying to pressure and undermine you. When you hire an attorney, they can begin to work on your case immediately and protect your legal right to compensation.
Contact a Charleston Car Accident Lawyer Today
Attorney Frank Hartman at The Hartman Law Firm and his team are here to assist you if you or a loved one has been injured in a car accident. All you need to do is take the first step and schedule a free case evaluation, where we will review your case and discuss your legal options. You can contact us through our website or call us today at 843.300.7600 to make an appointment to speak with a lawyer. As always, we charge you nothing unless you win your case by receiving a settlement or award.