A statute of limitations is a law that sets a time limit for when you can seek legal assistance because of a wrong done to you. Many states have this law to avoid fraudulent claims that have no basis. It also serves in making investigations easier. Filing a personal injury claim within the statute of limitations is critical to your success.
In South Carolina section 15-3-530 one may seek civil action due to a personal injury within three years of the incident. If you do not file your case within the window provided, it is possible for the court to refuse to hear it.
The personal injury claim may be some form of physical harm, disability or even death. In the case of wrongful death, the family of the deceased still needs to file the lawsuit within the window provided. This is why you need to get an injury lawyer as fast as possible such that he can present the suit on your behalf.
What happens if the window closes before you have filed a personal injury claim?
Things may get a bit complicated if the time has passed and you are yet to file your claim for compensation. The court may refuse to listen to your case and the defendant may request to have your case thrown out of court. It is more likely than not that the request will be granted.
If you are having a difficult time filing the lawsuit, all you need is an excellent personal injury lawyer. He will get all the papers needed and file the personal injury claim as soon as possible. It is important to get it done as soon as possible to ensure that the evidence and witnesses still exist.
The longer you take, the less meaning the evidence may have, and you may lose your witnesses. It means that by the time you decide to go to court, you may have nothing to present hence ending up with nothing.
Is is possible to still file the suit even after after time has passed?
In most cases, the court won’t give a minute to you filed your suit after the allowed three years. However, there are some cases when the window may be extended, but these are very isolated cases.
For example, you may have been in an accident, and then the injuries appear years later. In such a case, as long as the doctor can certify that there are legitimate injuries, the court may hear your case.
The statute may also have an extension if the injured is a minor. The law allows an extension till when the minor will turn 18 years. It means that the three-year rule will only apply when the minor turns 18.
Another case is if the person is mentally ill, so they are unable to continue with the case. If the person gets better even after the time has elapsed, the court will still hear his case. Other exceptions include:
- If the person has a disability and unable to pursue the case.
- The person was in prison for the period.
- The person was out of the state and couldn’t get back in time.
Limits on Compensation in South Carolina
Some states do not set a limit on compensation, but that’s not the case in Elgin, SC. When seeking non-economic compensation such as loss of enjoyment, and suffering; the most one can receive is $350,000. If it is a group suit, the maximum is set at 1.05 million.
There is also a limit on how much punitive damages one can collect. The maximum one can get in Elgin, SC compensation is $500,000. Also, claims against the government have a cap of $300,000 per plaintiff if you have a great personal injury lawyer.
Since time is of the essence when you want to file a personal injury claim, you need to identify the best injury lawyer. The Connell Law Firm grants you access to some of the most brilliant minds in the legal field. We have helped many of our clients with their injury cases, and we would be glad to help with yours. Call us today for a consultation on your matter and allow us to give you the best way forward.