If you’re thinking about filing a lawsuit in Charleston, South Carolina, don’t wait too long — the law sets strict time limits. Known as the statute of limitations, these deadlines vary depending on the type of case. For most personal injury and wrongful death claims, the deadline is three years from the date of the incident or death. Medical malpractice cases usually have a three-year window as well, though some exceptions apply. Once the deadline passes, you typically lose the right to file — no matter how serious the injury or how strong your case.
Now that you know how long you have, let’s dig deeper into what this means for your case and how to make sure you don’t miss your chance at justice.
What Exactly Is a Statute of Limitations?
A statute of limitations is a law that limits how much time you have to bring a lawsuit. It exists to keep the legal system fair and to prevent people from being sued over old issues when evidence and memories have faded. In South Carolina, this time limit starts when the injury or incident occurs — or when you reasonably discover it.
Failing to file within the allotted time usually means your case will be dismissed before it ever reaches a courtroom.
Common South Carolina Lawsuit Deadlines by Case Type
Here’s a quick breakdown of the most common statutes of limitations in South Carolina:
Type of Case | Statute of Limitations |
3 years from the date of injury | |
3 years from the date of death | |
3 years from discovery of malpractice or constructive notice of malpractice. Usually when it occurs | |
Product Liability | 3 years from the injury |
3 years from the date of damage | |
Breach of Contract (written) | 3 years from breach date |
Injury to a Minor | Tolling applies until age 18 |
Lawsuit Against a Government entity, including a hospital | Often 2 years or less |
Important: Government-related claims come with even stricter deadlines and additional procedures, including early notice requirements.
Exceptions That Can Extend or Shorten Your Time to File
Some cases don’t follow the standard rules, especially when unique circumstances are involved. Here are the major exceptions:
Tolling Rules (Pausing the Deadline):
- The victim is under 18
- The victim is mentally incapacitated
- The defendant leaves the state after the incident
- The defendant conceals the wrongdoing through fraud
Discovery Rule:
In cases like medical malpractice or toxic exposure, you may not know you were harmed right away. South Carolina law allows the clock to start when you reasonably discover (or should have discovered) the harm — but only up to a hard limit of 6 years total.
Government Claims (Tort Claims Act):
These are the most time-sensitive. You often have to sue within 2 years, depending on the agency involved. These rules apply to things like:
- Injuries on public property
- Harm caused by government employees
- Public hospital negligence
Frequently Asked Questions
- How long do you have to file a personal injury lawsuit in South Carolina?
You typically have 3 years from the date of the injury to file a personal injury lawsuit in South Carolina for a non-government entity. This includes car accidents, slip and falls, and other negligence claims.
- Can the statute of limitations be extended in South Carolina?
Yes, in certain situations. The time limit may be paused (called ”tolled”) if the injured person is a minor, mentally incapacitated, or if the defendant leaves the state or conceals the wrongdoing. Some cases may also qualify under the discovery rule.
- What is the statute of limitations for medical malpractice in South Carolina?
Medical malpractice lawsuits must be filed within 3 years from the date the injury occurred or when it was discovered — but never more than 6 years after the act, even if the harm wasn’t known right away.
- What happens if I miss the statute of limitations deadline?
If you file a lawsuit after the deadline has passed, the court will almost always dismiss your case, no matter how strong your evidence is. That’s why it’s crucial to consult with an attorney as soon as possible.
- Is the time limit different for suing the government in South Carolina?
Yes. If your case involves a government agency or public employee, you may have as little as 1 year to file a notice of claim, and only 2 years to sue. These claims follow special procedures under the South Carolina Tort Claims Act.
- When does the clock start on a statute of limitations?
In most cases, it starts on the date of the incident or injury. However, in some cases (like medical malpractice or fraud), it may start when you discover the injury or should have reasonably discovered it.
Don’t Let Time Run Out — Talk to a Lawyer Now
Waiting too long to file a claim can destroy your case before it even starts. That’s why it’s critical to speak with a lawyer as soon as possible — even if you’re unsure whether you want to sue. A good attorney will help determine:
- When your clock started ticking
- What deadline applies to your case
- Whether any exceptions may extend your time
The Bill Connor Connor Law Firm, based in Orangeburg, SC, helps clients across South Carolina protect their legal rights. With a background as a former U.S. Army Colonel and a reputation for ethical, strategic representation, Attorney Bill Connor is a trusted advocate for injury victims, workers, and families who need justice.
Act Now Before It’s Too Late — Contact The Bill Connor Law Firm
Time is running out. If you’ve been injured or wronged, the clock may already be ticking on your right to sue. Let us help you determine your legal options — and make sure no deadline stands in the way of justice.
