What is a Statute of Limitations?
A statute of limitations is a law passed to let people know the maximum amount of time that is allowed for a legal proceeding to be started. After the time stated in a statute of limitations passes, you may be barred from being heard.
What is the Statute of Limitations in South Carolina?
Statutes vary from state to state. Furthermore, different types of legal issues have different lengths of time in which a claim can be filed.
Common types of claims and their respective time limits in South Carolina include:
• Personal injury: 3 years
• Property damage: 3 years
• Defamation: 2 years
• Medical malpractice: 2 to 3 years, depending on the circumstances
• Trespass: 3 years
• Wrongful death: 3 years
• Contract: generally 3 years
• False imprisonment: 3 years
• Insurance: 3 years
• Police lawsuits: 3 years
• Governmental lawsuits: varies; many governmental agencies are protected by immunity (protection from being sued)
What is Tolling?
Tolling essentially means that the time can be extended for various reasons. This can include incapacities that the plaintiff may suffer, including mental illness, disability, or being a minor. Once the incapacity is no longer present, then the statute of limitations will start running again.
Additional reasons for tolling the statute of limitations include filing a bankruptcy proceeding, equitable tolling (if keeping the statute of limitations going would be unfair to the plaintiff), and circumstances where the statute of limitations will only begin when the injury is discovered, rather than when it actually happened.
Do You Have Questions? Call Us Today!
If you are considering filing a lawsuit, the experienced attorneys at The Lovely Law Firm are here to help you throughout every step of the process. You don’t have to deal with your issue by yourself. To schedule a free case evaluation and have an attorney discuss your claim with you, call 843-839-4111 today.