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How Long After a Car Accident Can you Sue in South Carolina?
The South Carolina statute of limitations for automotive, truck and motorcycle accident cases is three years after the accident occurred.
If you fail to meet this deadline with your personal injury case you may be barred from pursuing a claim for compensation by the courts.
In South Carolina, injured victims have 3 years to file their claim from the date of the accident.
The statute of limitations for South Carolina as it related to injury cases is outlined in SC CODE § 15-3-530. It is a strict deadline that must be followed for injury victims to file an action, with a few notable exceptions.
If you feel you have a case, you are strongly encouraged to get the help you need to secure the compensation you deserve before time runs out.
If a government entity was at fault for the accident that caused the injuries the deadline is limited to 2 years.
There are some rare circumstances where the deadline to bring a car crash case may be delayed beyond 3 years, but the vast majority will need to file a claim for your injuries by that deadline or be thrown out.
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The Clock is Ticking On Filing Your Injury Claim
"Most injury victims don't know what they are up against until it's too late..."
In most cases claimants will file an injury claim after a car accident well before the statute of limitations is reached. However, a number of circumnstances can delay the filing of a claim within the window and risk the claimant losing their right to take action. Here are examples of circumstances that can complicate a car accident case and delay filing:
- Insurance Company Tactics: The insurers are well aware of the strict dealines victims face in South Carolina, and can slow walk the claims process in an effort to run out the clock. They know that delay tactics not only put pressure on victims to settle for less than they deserve but can potentially absolve them of having to pay if the deadline is breached.
- Legal Complexities & Evidence Gathering: Serious car accident cases are complex matters involving multiple liable parties and circumstances. There may be administrative delays in obtaining the key documents required. Delays in obtaining medical records or police reports vital to the case can stretch the time it takes to be ready to file. Difficulty in obtaining key evidence and securing it can cause delays. Building a strong case takes time, and your legal team will want to start preparing as soon as possible.
- Severity and Complexity of Injuries: The nature of the injuries a victim suffered may cause extended hospital stays for treatment. The initial recovery period can delay when a gravely injured person is able to seek help and get started with their legal case. Also, it can take time for the full extent of damages to develop as the condition of the victim worsens while receiving medical care.
- Prolonged Negotiations: An extended back-and-forth with the insurer seeking a fair settlement can delay taking action. They may contest the victims story of what happened or argue they aren't hurt as bad as they claim. Your attorneys will negotiate to obtain the best possible settlement offer, but if it can't resolved pre-litigation, you will need to file a complaint before the window of the statute of limitations runs out.
- Personal Circumstances: The aftermath of a serious car wreck is overwhelming. It's incredibly challenging for both the injured party and their families. The emotional trauma after a catastrophic event can understandably cause some people to avoid dealing with it, or don't want to relive and avoid talking about what happened.
Our legal team regularly reviews hundreds of accident injury claims throughout South Carolina, with similar circumstances to yours. If we take your case, our attorneys will provide dedicated support throughout the process, and fight to obtain the best possible outcome for your auto accident case.
Top-Rated Accident Lawyer Representation for Your Case
If you or someone you love has been hurt in a car crash due to someone elses negligence, you should speak with an experienced attorney right away. If you have questions about the car accident statute of limitations our lawyers are standing by to provide a free case evaluation. Review the unique nature of your case and review your legal options before it's too late.
Don't wait until it's dangerously close for you to take legal action to secure the compensation you may be entitled. After injury, let us help you secure the recovery you deserve.
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