As any Columbia personal injury attorney knows, you are entitled to financial compensation if another’s negligence injures you. Personal injury lawsuits can be filed against the party liable for the injury, whether caused by a car accident, slip-and-fall, or defective product. But it’s important to note that there is a time limit on how long you take legal action. This time limit is known as the statute of limitations.
Personal injury cases can be complex and overwhelming, especially when understanding the legal process. This article will discuss the statute of limitations for personal injury cases in Columbia, South Carolina, so you can better understand your rights in such a situation.
Suppose you are still determining whether or not your case falls under one of these exceptions. In that case, it is important to speak with an experienced Columbia personal injury attorney as soon as possible to protect your rights. Contact us today at Connell Law Firm to get what’s best for you and your life.
But first, let’s talk about the statute of limitations and why it’s important to know what you’re entitled to.
What Is the Statute of Limitations?
The statute of limitations is a specific law that sets a clear time limit on how long someone can wait to file a lawsuit. The time limit depends on the type of case and the state where the case will be filed. After the time limit expires, the person can no longer file a lawsuit.
The statute of limitations is designed to protect defendants from having to defend themselves against old claims. It also encourages plaintiffs to file their lawsuits promptly.
There are a few exceptions to the statute of limitations. For example, the time limit may be extended if the plaintiff is a minor. In a few cases, the statute of limitations may be “tolled,” or suspended, if the defendants have left the state where the lawsuit will be filed.
If you are considering filing a lawsuit, you should check the statute of limitations for your state and the type of case you have. You should also talk to a lawyer to determine if any exceptions may apply to your case.
Statutes of Limitations for Personal Injury in South Carolina
The statute of limitations in South Carolina lay out how long an injured party has to file a civil lawsuit seeking damages for an injury. Generally, an injured party has three years from the date of an accident to file a lawsuit for personal injury.
Additionally, suppose you didn’t discover that your injury was caused by medical malpractice only months or years later. In this situation, you may have additional time to file your case.
What Are the Exceptions to the Statute of Limitations?
The statute of limitations is when you file a lawsuit after you’ve been injured. In South Carolina, the statute of limitations for injury cases is three years. This means that if you were injured in a car accident, you would have three years from the date of the accident to file a lawsuit.
There are exceptions to this rule. If the victim is under 18, he or she will have one year after turning 18 to file a lawsuit. If the victim was declared mentally incapacitated at the time of the accident. In that case, the victim must file a case within one year of being declared legally sane. However, the filing period can’t be extended beyond 5 years based on insanity.
Finally, if the defendant leaves the state before a lawsuit can be filed, and is gone for a year or more, the clock won’t begin to run on the deadline until the defendant is back.
How Can You Protect Your Rights After An Injury?
If you’ve been injured in Columbia, South Carolina, it’s essential to know your rights and understand the statute of limitations for injury cases. By law, you have a limited time to file a claim after an injury, so it’s important to seek legal counsel as early as possible.
In the meantime, there are some things you can do to protect your rights and ensure a positive outcome for your case:
Gather Evidence
Any Columbia personal injury attorney will tell you to take photos or make videos of the accident scene and your injuries if possible. Get the contact information of any witnesses who saw what happened. Keep all medical records and documentation related to your injuries and treatment.
Don’t Wait Too Long To File A Claim
As any Columbia personal injury attorney knows, there is a statute of limitations for filing personal injury claims in South Carolina. If you wait too long, you may miss your opportunity to seek compensation altogether.
Be Careful What You Say About Your Accident
Avoid giving recorded statements to any insurance company or making public statements about the accident before consulting with an attorney. Anything you say can easily be used against you later on.
Only Sign Something After Consulting An Attorney First
Insurance companies may try to get you to sign away your rights in a rushed settlement deal. Don’t sign any agreement before consulting with a personal injury lawyer.
Let A Columbia Personal Injury Attorney Help You Before It Is Too Late!
Knowing the statute of limitations for personal injury cases in Columbia, South Carolina, is essential for people who have been injured and are considering filing a claim. It is essential to understand that these statutes vary from state to state. Your very first step should be to contact a Columbia personal injury attorney who can evaluate your case and advise you of your options.
Our experienced Columbia personal injury lawyers at the Connell Law Firm will know how to navigate the legal system and fight for the compensation you deserve. With our proper legal counsel, you can maximize your chances of obtaining a favorable outcome for your injury case.
Reach out to us today to see where your case stands and how best to proceed!