If you’ve been injured in a slip and fall accident, it’s crucial to understand that there’s a time limit to file a lawsuit for your injuries. This limit, known as the “statute of limitations,” varies from state to state. Missing this deadline can mean losing your chance to seek compensation. This article will help you understand how the statute of limitations works and why it’s so important. Of note, the statute of limitations for slip/fall accidents in South Carolina (as in all personal injury cases) is three years when the liable party is a private entity and two years if a government entity, as per the SC Tort Claims Act.
What is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. When the period specified in the statute of limitations passes, a claim might no longer be filed, or, if filed, it may be subject to dismissal if the defense against that claim is, or includes, ‘statute of limitations has expired.’
The Statute of Limitations for Slip and Fall Cases
In many states, the statute of limitations for personal injury cases, which include slip and fall accidents, is typically two or three years. However, the specifics can vary greatly. In some states, the clock starts ticking at the time of the accident, while in others, it starts when you discovered the injury. The statute of limitations for slip/fall accidents in South Carolina (as in all personal injury cases) is three years when the liable party is a private entity and two years if a government entity, as per the SC Tort Claims Act.
Exceptions to the Rule
There are some circumstances where the statute of limitations may be extended. For instance, if the injured person was a minor at the time of the accident or if the injured person was mentally incapacitated, the clock may not start ticking until they turn 18 or regain their mental capacity. Additionally, in South Carolina (as in many states), the SOL clock stops when the suit is filed as long as service on the liable party occurs within 120 days of filing.
Importance of Acting Quickly
Even if your state’s statute of limitations provides several years, starting your claim immediately is best. Evidence can be lost, and memories can fade. The sooner you consult with a personal injury attorney, the sooner they can start gathering the necessary evidence and building your case.
Consulting a Personal Injury Attorney
A knowledgeable personal injury attorney can provide crucial guidance regarding the statute of limitations and its implications for your case. They can ensure your claim is filed timely, avoiding potential pitfalls that could compromise your right to seek compensation.
In Conclusion
The statute of limitations is a critical aspect of any slip-and-fall case. Understanding this principle and the importance of acting promptly ensures you don’t miss your chance to seek justice and compensation for your injuries. Given the complexities and potential exceptions involved, seeking legal advice is often the best way to ensure your rights are protected.