When someone else’s negligence has caused you to sustain a serious injury, it is important to take timely action to protect your legal rights.
Taking too long to initiate a claim could result in forfeiting your right to pursue a remedy. Here are some key things that personal injury claimants should understand about the statute of limitations.
What is a statute of limitations?
You can think of the statute of limitations as the expiration date of a legal claim. There is a finite amount of time in which you can bring a cause of action against a person or business entity who is responsible for your injury. After this time elapses, a court will not hear your case.
How long is the statute of limitations for personal injury cases?
The time that you have to start the process of seeking compensation depends on the law of the state where you are bringing your claim. South Carolina’s statute of limitations for most personal injury cases is three years. Certain types of claims against medical care providers have a two-year limit.
When does the clock start running?
In a typical personal injury action, the statute of limitations starts to run at the time of your injury. There is an exception if you did not learn of your injury until a later date. In this event, the clock begins on the date that you learned about the injury.
Lastly, bear in mind that starting a dialog with someone’s insurer does not cause the statute of limitations to toll. To preserve a claim before the clock runs out, you must file a complaint in civil court.
