How Long Do You Have to File a Personal Injury Lawsuit in South Carolina?

By Trey Josephs • 08/05/2025

How Long Do You Have to File a Personal Injury Claim in South Carolina?

If you've been injured in an accident, it's critical to understand how much time you have to take legal action. South Carolina law sets strict deadlines—known as statutes of limitations (SOL)—for filing personal injury claims. Missing these deadlines can result in losing your right to seek compensation altogether.

Standard Deadline: 3 Years for Most Personal Injury Cases

In general, South Carolina gives you three years from the date of the injury to file a personal injury lawsuit. This applies to most common types of injury claims, including:

Car accidents
Slip and fall injuries
Medical malpractice
Dog bites
Wrongful death (three years from the date of death)

But not every case follows this rule—and in some situations, the deadline is even shorter.

When the Clock Runs Out Sooner: 2-Year Deadline for Government-Involved Claims

If your injury involves a government agency or employee, your window to file may be cut down to two years under the South Carolina Tort Claims Act (SCTCA).

Examples include:

A police officer causes a crash while responding to a call
A school bus hits a pedestrian
A city-owned vehicle causes a rear-end collision

In these cases, you must act within two years to file suit. Failing to meet that deadline—even by a day—can prevent you from recovering any compensation.

Special Notice Requirements May Apply

In some cases involving state or local governments, you may also be required to provide written notice of your intent to sue before filing a lawsuit. This makes early legal advice essential when a public agency is involved.

Exceptions That Can Pause or Extend the Deadline ("Tolling")

There are limited situations where the SOL may be paused (“tolled”), such as:

Minors or incapacitated individuals – The clock may not start until the person turns 18 or regains legal capacity.
Discovery rule – In cases where an injury isn’t immediately apparent (such as hidden medical errors), the deadline may begin when the injury is discovered or reasonably should have been.
Defendant is out of state – If the person or company responsible isn’t present in South Carolina, the time limit may be paused during their absence.

Why You Shouldn’t Wait to Get Legal Help

Even if you think you have plenty of time, waiting can hurt your case. Delays can:

Cause memories to fade or change
Make it harder to track down witnesses
Result in the loss of key evidence (photos, video, reports)

The quality and quantity of available evidence often determine how strong your claim is.

How Evidence Degrades Over Time

Strong personal injury claims depend on documentation such as:

Photos or videos from the scene
Eyewitness statements
Medical records and evaluations
Surveillance footage from nearby buildings

Waiting too long can mean these materials are deleted, lost, or no longer useful.

The Advantage of Early Legal Advice

When you contact a personal injury attorney early, your legal team can:

Promptly investigate the scene and preserve evidence
Help with medical referrals and track your treatment
Handle all communication with insurance companies
Ensure all legal deadlines are met—especially the shorter ones for government cases

Final Word: Don’t Let Time Run Out

While most personal injury claims in South Carolina must be filed within three years, some claims—especially those involving the government—have a much shorter, two-year window. Acting early protects your rights and strengthens your case.

Contact Josephs Law Firm, PA today for a free consultation. Let us help you move quickly, protect critical evidence, and pursue the compensation you deserve.

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