What Is the Statute of Limitations on Car Accident Claims in South Carolina?
Feb. 21, 2022
If you have been injured in a car accident in South Carolina, you could be eligible to seek compensation from the other driver or other parties at fault for the crash. However, you may not know that you only have a limited time in which to file a lawsuit to pursue your claim. Failure to file a lawsuit in time could result in you losing your legal claim against those responsible for the accident and your injuries.
After a severe injury car accident, contact a Greenwood car accident lawyer at Powers Law, LLC for a free case evaluation. We’ll be ready to stand up and fight for you when you call us at (864) 227-2500 or reach out to us online.
What Is the Statute of Limitations?
The time limit on filing a lawsuit to pursue a legal claim is known as the statute of limitations. The statute of limitations establishes how long the courts have jurisdiction to hear a civil claim. Each type of civil claim has its own separate statute of limitations period.
If a lawsuit is filed after the statute of limitations has expired, the court will be barred from hearing your case.
Why Is There a Statute of Limitations?
Although it may seem unnecessary to put a time limit on filing a lawsuit in a civil claim, statutes of limitations exist for several reasons:
Over time, evidence may become lost or be altered or destroyed. For example, the vehicles involved in a car accident will eventually be repaired or junked, rendering them unable to be examined in their condition immediately after the accident.
It can become difficult to obtain witness testimony as time passes. People move and change names, making it harder to locate them to testify in a case. People’s memories will also fade or change over time.
There are limits to how long someone should and could be held liable for an accident, and no one should have to worry for the rest of their lives about whether they might be sued.
Statute of Limitations on Car Accident Claims
Under South Carolina law, you have three years from the date of the injury accident to file a lawsuit against the parties at fault for the accident and your injuries.
If you file a lawsuit after the statute of limitations expires on your claim, the defendant or defendants in the suit can move to permanently dismiss your case. If the court grants the motion, you will lose the right to recover compensation from the party or parties at fault for your injuries and losses.
How Soon After an Accident Should I
Contact a Lawyer?
Ideally, you should talk to a car accident lawyer as soon as possible after being hurt in a crash. Although you have three years under South Carolina’s statute of limitations to file a lawsuit in your case, it will take time for your lawyer to investigate and prepare your case.
If you wait too long to contact a lawyer, you run the risk that they may not have enough time to prepare your case. In addition, by waiting to speak to a lawyer about your case, you risk losing the opportunity to secure physical evidence or eyewitness testimony.
Contact Powers Law, LLC
After you have been injured in a collision, contact the South Carolina car accident attorneys at Powers Law, LLC today for a free, no-obligation consultation. Attorney Michelle Powers is a former ER nurse-turned-attorney, so she has extensive experience helping those who’ve been injured get back on their feet after an accident. Don’t wait until it is too late to get the justice and compensation you’re owed. Contact now.