Statute of Limitations

Each state is responsible for imposing its own statute of limitations for how long individuals have to bring forth personal injury claims. The statute limits the amount of time a person has from the date that an injury occurs (or the date that it is discovered) to bring forth a civil action. If a claim is not filed within the statute of limitations, the plaintiff is typically barred from recovering compensation at all.

In South Carolina, the statute of limitations for filing a personal injury claim is three years from the date of injury. The same is true for medical malpractice cases, with the exception of instances where a medical object is left within the patient, in which case the statute of limitations is two years. For wrongful death cases, the statute of limitations is also three years.

The statute of limitations is very strict; there is little wiggle room if you miss your opportunity to file. To ensure that you file your claim before the time period expires, you should consult with a personal injury attorney at Elrod Pope as soon as possible.

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