If you suffered injuries in an accident in South Carolina, it’s crucial to understand the legal timelines for filing a lawsuit. Knowing how long you have to sue can be the difference between receiving compensation for your injuries and losing your right to file suit at all. How long after an accident can you sue?
By understanding the timeframe of a personal injury case, you can plan ahead to avoid any unnecessary financial struggles. If you or your loved one has experienced an accident caused by someone else’s negligence, hire a Greensville personal injury lawyer from Maxey McFarland Law now.
South Carolina Statute of Limitations
How long after an accident can you sue? The statute of limitations is the legal deadline by which you must file your lawsuit. In South Carolina, the statute of limitations allows three years from the date of the accident to file suit in a personal injury case.
This means you have three years to file a lawsuit against the at-fault party to pursue compensation for the injuries you sustained in the accident they caused. Missing this deadline typically results in losing your right to sue, no matter how strong your case may be.
The statute of limitations also allows three years to sue for wrongful death claims. However, the timer doesn’t begin for a wrongful death claim until the death occurs. If your loved one was in an accident and died from their injuries two months later, the date of decease is when the wrongful death statutory period would begin.
Missing the statutory deadline can mean forfeiting your right to pursue compensation in court. You should seek the assistance of an experienced attorney as soon as possible. They’ll make sure to file your claim on time and meet the other deadlines that arise throughout your case.
Exceptions to the Statute of Limitations
Are there exceptions for how long after an accident can you sue? While the statute of limitations sets a firm deadline for filing a lawsuit, certain exceptions may extend or shorten it. Understanding these exceptions and whether any of them apply to your case can give you a better idea of how long your case might take. The most common exceptions are:
- Discovery Rule – In some cases, the injury or cause of the injury may not become apparent until later. In these cases, the statute of limitations period may not begin until you knew or should have known that the incident caused your injury.
- Injury of a Minor – If the injured party is a minor, the statute of limitations allows a lawsuit to be filed within three years of the date of the accident or before the minor’s 19th birthday, whichever is later.
- Mental Incapacity – If the injury leaves the victim incapacitated and unable to file a claim, the court may extend the statutory period to five years.
- Government Entities – If the defendant in the personal injury claim is a government entity, the statute of limitations allows only two years from the date of injury to file suit.
What Steps Should You Take Before Filing Your Claim?
Before filing your claim, it’s essential to take several important steps to strengthen your case. By waiting to file until after taking these steps, you will give yourself and your attorney time to prepare. These steps include:
- Seeking Medical Treatment – Beyond receiving immediate medical attention after the accident, you should seek ongoing treatment. If your injuries are severe, you and your attorney may decide to file your lawsuit before you’re finished with your treatment to preserve your right to pursue compensation in court.
- Gathering Evidence – It takes time to gather evidence in a personal injury or wrongful death case. Before filing your claim, you should have photos and videos of your injuries, the accident scene, and the accident itself, if possible. You should also have eyewitness statements, medical records, financial reports, and even expert witness testimony, all of which your attorney can obtain for you.
- Calculating Your Losses – Your losses include medical bills, lost wages, pain and suffering, and more. Your attorney will need plenty of time to calculate all your losses before they can outline them in your claim. Your attorney may advise you to file your lawsuit before the total value of your case becomes apparent to preserve your right to sue.
What Is the Legal Process After Filing Your Claim?
There are three key steps in a personal injury case after you file your claim. These steps are:
- Discovery Phase – Both parties exchange information and gather evidence from each other. This evidence gathering may include depositions, interrogatories, and requests for documents. The discovery phase can last a few months.
- Settlement Negotiations – Both before and after discovery, the parties may enter into settlement negotiations. It’s in both parties’ best interest to arrive at a fair amount of compensation. Most lawsuits end with a settlement, which can take several months to reach.
- Mediation – In some cases, the court will require the parties to participate in mediation, where a neutral third party will facilitate settlement negotiations. This is a cost-effective way to attempt to reach a settlement prior to trial.
- Trial – If you can’t agree on an appropriate settlement with the other party, your case will go to trial. During the trial, both sides will present their evidence and arguments to a judge or jury. It may be up to a year before your case goes to trial.
When Should You Expect to Receive Compensation?
The timeline for receiving compensation for your injuries can vary widely. However, the main factor contributing to the length of your case is the statute of limitations. Other factors include the severity of your injuries and whether your case settles or goes to trial.
Your personal injury case could last anywhere from a few months to a few years. It may take that long for you to obtain the compensation you deserve. You should speak to a personal injury attorney who can evaluate your case and provide a time estimate.
Call a Personal Injury Attorney in Greenville
Were you injured in Greenville, South Carolina? Are you wondering how long after an accident you can sue? Call Maxey McFarland Law at (864) 900-4231 or contact us online for a free consultation with one of our experienced Greensville personal injury attorneys. 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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