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How Long Do I Have to File a Personal Injury Lawsuit?

How Long Do I Have to File a Personal Injury Lawsuit?

After a person is injured in an accident that was caused by someone else, that victim only has a certain amount of time after the accident in which he or she can file a lawsuit against the responsible party. This period of time is known as a "statute of limitations." It is vital that victims take legal action within the statute of limitations so that they are given the chance to be fairly compensated for their injuries. Here is a list of some of South Carolina's statutes of limitations that apply to various types of personal injury cases:

  • Personal injury: 3 years from date of injury
  • Medical malpractice: 3 years from act of negligence, or 3 years from when the act of negligence was discovered (not to extend past 6 years from the act)
  • Wrongful death: 3 years from date of victim's death

It is also important to understand that cases involving the government as a defendant have a shorter period, usually two years. Many medical practices and physicians have the shorter time limits due to county funding of local hospitals, even if they otherwise appear to be in private practice.

Once a wrongful injury occurs, the victim should take immediate action to consult a lawyer concerning his or her injury case, even if he or she does have three years to file. The longer the victim waits, the more difficult it may be to gather the appropriate evidence for building a strong case against the at-fault party. There may be evidence that can only be collected right after the accident occurs, so the victim and his or her lawyer need to become proactive immediately.

At the Law Office of James R. Snell, Jr., LLC, we are equipped with Lexington personal injury attorneys who can get straight to work on your case. We are able to conduct a thorough investigation into your accident, gather the necessary evidence, talk to witnesses, obtain input from experts and work diligently to create a strong case that can effectively prove liability. Contact our firm so we can help you take timely legal action!


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