In South Carolina, you have three years from the accident date to file a claim for compensation in an auto accident case. This deadline is known as the statute of limitations. If you’re involved in an accident in South Carolina, then it’s important to file a compensation claim within this time limit.
However, there are a few exceptions to this rule. So it’s a good idea to talk to South Carolina auto accident lawyers as soon as possible. If you miss the deadline, you may lose your chance to seek compensation in court.
South Carolina is also home to reputable law firms like Morris Law Accident Injury Lawyers. Their legal team, headed by Jeff Morris, will assist you in getting fair compensation for your losses. With many years of experience representing injury victims in South Carolina, these legal professionals excel in providing personalized and compassionate legal representation.
How Long Do You Have to File an Auto Accident Claim in South Carolina?
Table of Contents
In South Carolina, you typically have three years from the date of the accident to file a case. If you wait too long, you might not be able to sue the at-fault party.
It’s wise to talk to a car accident lawyer for details related to your situation. Sometimes, some special circumstances or laws can affect the time limit.
What Happens If You Miss the Deadline to File Your Auto Accident Claim?
The law is strict about the three-year deadline. If you miss it, you’ll likely lose your chance to get compensation. The defendant will ask the judge to dismiss your case; unless there are very few exceptions, the judge will have to agree.
This means two bad things will happen.
First, you won’t be able to sue for compensation in court.
Second, without the threat of a lawsuit, you’ll have less power to negotiate with the at-fault party and their insurance company. They might offer you less money, and you might not have a choice but to accept it. They might even deny your claim altogether.
Can I Get an Extension on the Filing Deadline?
Yes, sometimes you can get more time to file a personal injury lawsuit beyond the usual three-year limit. But be careful and talk to a lawyer before relying on exceptions. Judges won’t be lenient if you make a mistake with the deadline. Here are the situations where you might get an extension:
- For Minors and Those with Legal Insanity: If someone gets hurt before they turn eighteen or while legally insane in South Carolina, the three-year time limit doesn’t start until they become an adult or regain sanity. But this extension can’t go beyond one extra year.
- If the At-Fault Person Leaves the State: If the person responsible for your injury leaves South Carolina, the three-year countdown stops until they return. The law also says if they’re gone from the state for a year or more, that time won’t count toward the three years.
- Discovery Rule: Most injuries from auto accidents don’t show up right away. But if yours didn’t become evident until later, you might get more time under the “discovery rule.”
Consult an Experienced Auto Accident Lawyer
Legal experts have many years of experience aiding individuals injured in accidents across South Carolina to obtain just compensation. These legal professionals will also take the statute of limitations into consideration when filing a case. They’ll also consider exceptions if you miss the statute of limitations.
An experienced auto accident lawyer will also help in determining liability and preparing a fair compensation amount. They’ll also help when it comes to tackling insurance adjusters.
Image Source: BigStockPhoto.com (Licensed)
Related Categories: Legal, Reviews
