The clock is always ticking, and you don’t want time to run out on you before you can file that personal injury case. As a party that’s suffered injuries and other losses due to an accident caused by the negligence of another party, you have a legal right to file a claim, seeking compensation for damages, but only for a limited time.
How much time do you have? When does the clock start counting? If you’re a resident of Aiken, SC, you have three years to file a personal injury lawsuit. This is because state laws mandate this time frame. The following sections dive into some of the nuances of the statute in injury suits.
What Is the Statute of Limitation?
The statute of limitation specifies the strict time frame within which you can bring a lawsuit against another party for causing you harm. It varies by state and the type of claim you wish to bring against the other party, with a few exceptions where the time frame may be shortened or lengthened. If you or a loved one has been hurt in SC, consult with an Aiken personal injury attorney to help you seek the restitution you deserve.
How Can the Statute of Limitation Affect Personal Injury Cases?
The statute of limitations for personal injury cases serves as strict deadlines. You risk having your case dismissed if you file the claim outside this deadline. Ignoring this time frame means forfeiting your right to file a personal injury claim. Once the time on your clock runs out, you are permanently barred from filing.
There are exceptions where the statute of limitations for personal injury claims may be tolled in South Carolina.
- Claims involving minors and individuals with a mental disability: Where the personal injury claim consists of a child under 18, the statute of limitation will extend until a year after they turn 18. Similarly, the limitations period will extend until a year after individuals declared insane are no longer considered as such.
- When a potential defendant conceals: If the party responsible for causing injuries to a victim takes steps and puts in the effort to hide their liability, the clock tolls until such a time that this concealment ends.
- When a potential defendant leaves the state: The period of non-residence won’t be counted as part of the limitation period if the person responsible for the victim’s injuries leaves the state before the claim is filed.
Given these instances of exception, you should speak to a personal injury lawyer to explore your options and see whether or not you qualify for any of these exceptions.
When Does It Start?
According to the discovery rule, the statute of limitations for your personal injury case begins on the date you discover or should have discovered your injuries. In most cases, this is the same date as your accident, but it isn’t always the case.
The Statute of Limitations Has Passed: What Now?
With the help of a passionate personal injury attorney, you can try negotiating an out-of-court settlement with the other party’s insurance provider. Even then, you must have realistic expectations as insurers are much less open to negotiations once the limitations period has passed. The insurance companies know that their legal obligation is up with the expiry of the limitations period. Furthermore, a lawyer can also increase the chance of you getting more compensation.
Keep in mind also that, in addition to the statute of limitations, the insurance company’s time limit is a critical element in car accident claim injury timelines. The insurance provider may provide clear guidelines on the timelines to observe for policyholders and claimants.
Find a Personal Injury Lawyer
Have you or a loved one been injured in an accident? Dealing with an accident’s physical, emotional, mental, and financial aftermath can be a traumatic and overwhelming time. Even as you do, don’t neglect to file your claim. You can and must protect your right to seek compensation for these damages by contacting a personal injury lawyer as soon as possible.
Call an Experienced Personal Injury Lawyer
Schedule a consultation today, and don’t wait to file your personal injury claim until the 3-year limitations period expires. If the period has already expired, an experienced attorney can help determine if your case qualifies for an exception and explore other options to seek fair and just compensation for your damages.