Being injured in a car accident can be traumatic, physically and emotionally. If you suffered injuries in a crash, your first thought may be to focus on your recovery. However, it’s crucial to understand that you have time constraints if you plan to seek compensation for your injuries. How long after a car accident can you claim injury?
Knowing the deadlines you must meet after a car accident in Greenville, South Carolina, is vital to the success of your personal injury claim. Failing to meet these deadlines could result in missing out on the compensation you need and deserve.
The good news is that a personal injury attorney can assist you with meeting these deadlines. By taking action early, you can protect your legal rights.
Filing an Accident Report After a Car Accident
Filing an accident report is an important step in recovering compensation for your injuries after a car accident. Drivers involved in any accident resulting in injury should report the accident to the police.
When the police arrive, they will write an accident report and submit it to the Department of Motor Vehicles (DMV). However, if the police don’t investigate the accident and write an accident report, South Carolina law requires the owner or operator of a vehicle involved in the crash to submit a written report of the accident to the DMV within 15 days of the incident.
You can submit an insurance claim once you have a copy of the accident report. The insurance company may not accept claims if they don’t have an accompanying accident report filed with the DMV. This is one reason why filing this report is vital.
If your injuries are minor and the insurance company accepts your claim, that’s great. Unfortunately, this does not always happen. Insurance companies are in the business of making money and will often deny claims or attempt to reduce the amount. In these cases, a personal injury lawsuit is necessary.
South Carolina Personal Injury Statute of Limitations
The statute of limitations is a law that sets a deadline for filing a lawsuit. In South Carolina, the statute of limitations allows three years from the date of the accident for the injured person to file a lawsuit.
This means that you have three years to initiate your lawsuit against the at-fault driver’s insurance provider or any other liable parties. If you fail to file your lawsuit within this period, you may lose your right to seek compensation for your injuries through the courts. If the court dismisses your case for late filing, you will lose your best leverage against the insurance company.
While three years may sound like a lot of time to file suit, it isn’t. Your lawyer will need that time to thoroughly investigate your case and prepare a compelling argument that you deserve the compensation you’re demanding.
Exceptions to the Statute of Limitations
While the statute of limitations in South Carolina allows three years to file lawsuits in most cases. Some exceptions could extend or shorten this deadline. It’s important to discuss your case with an experienced attorney who can advise you based on the specifics of your case so you have an idea of how long after a car accident you can claim injury.
The three primary exceptions to the statute of limitations for car accident injuries are:
- Injuries to Minors – If a minor suffers injuries from a car accident, the statute of limitations allows three years from the date of the injury or one year after their 18th birthday to file suit, whichever is longer.
- The Discovery Rule – In some cases, you may not realize you have an injury or may not connect your injury to the accident until a later date. For example, internal injuries may not have immediately apparent symptoms. When this is the case, the three-year statutory period does not begin until you discover or should have discovered that you suffered an injury in the accident.
- Government Entity Defendants – If your claim is against a government entity, you may have a shorter statute of limitations. In general, you must file injury lawsuits against the government in South Carolina within two years of the date their agent injured you.
When to Seek Legal Assistance from a Lawyer
Even though you generally have three years to file your claim, that doesn’t mean you should wait to seek assistance from a lawyer. The earlier you contact an attorney, the better they can assist you with your case.
Some of the primary reasons you should contact an attorney right away are:
- Gathering Evidence – Over time, evidence may be harder to track down or become less reliable. For example, your attorney may be unable to find accident scene photographs or traffic camera footage if you wait too long. Also, eyewitness memory fades, so gathering their statements soon after an incident is important.
- Reducing Complications – Your attorney will make sure you’re taking the right steps. They will make sure you are following up with all your medical treatment and documenting your recovery. These acts will reduce complications later in your case if the insurance company attempts to dispute your claim.
- Meeting Deadlines – The statute of limitations isn’t the only deadline associated with personal injury cases. Every step of a lawsuit has specific deadlines, and your attorney will make sure you don’t miss any of them.
Contact a South Carolina Car Accident Attorney Now
If you suffered injuries in a car accident in Greenville, South Carolina, understanding the deadlines in your case is essential for protecting your rights and securing the compensation you deserve. The statute of limitations gives you three years to file your lawsuit, but that doesn’t mean you should wait until then to begin working on your case.
Call Maxey McFarland Law at (864) 900-4231 or contact us online for a free consultation with one of our experienced Greenville car accident attorneys. We’ll evaluate your case and make sure you understand the deadlines you need to meet. Our attorneys have the legal knowledge and proven results to take on your case. Ask us anything related to your case.
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