South Carolina has a three-year statute of limitation for civil lawsuits, but there are exceptions to this rule. When determining laws and timing, several factors are considered, such as the victim’s age, personal injury, time of injury, and other extenuating circumstances.
The primary consideration is to file as early as possible to avoid having the case thrown out based on expired time. Lawsuits filed after the statute of limitations expires will often favor the defendant and immediately be dismissed.
Are statutes of limitations the same everywhere?
Statute of limitations means the time when the law can no longer be applied in a case. South Carolina and most of the U.S. follow the three-year limit based on civil law. For instance, if you sue for damages resulting from a car accident, you then have three years from the date of the accident to sue for damages. However, if that injury caused you to be incapacitated, then the courts can extend the statute of limitations until you can file.
Most states are unified with their execution of laws so that if you’re doing business in other states, civil law is applied equitably. It’s best to know the nuances of each state to avoid missing critical deadlines.
Does South Carolina civil law allow for extensions for statutes of limitations?
Tolling is extending the statute of limitation. For example, if you are injured or mentally incapacitated and require extended hospitalization, tolling would extend the filing deadline for years if necessary. Another example would be if you are a minor injury in an accident at age 14; you would file your lawsuit at age 18. The three-year statute of limitations would begin at that time.
Civil law is complex, and the nuances of laws and limits are typically not evident to a layperson. Before you file a claim, it’s important to make sure you understand the process. At the same time, avoid delaying too long because you don’t want the statute of limitations to expire before you file.