Understanding the Statute of Limitations

There are injuries that do not present until some time after an accident. Victims may not know the full extent of their injuries until they attempt to resume their normal activities. When it becomes clear you were injured in a negligent accident, the statute of limitations can be a barrier to recovering financial damages for your medical treatment. Statutes of limitations create a time frame during which you can seek compensation for injuries suffered in a accident. When that date passes, so has your opportunity to file a personal injury lawsuit. South Carolina's statute of limitations for personal injury claims last up to three years.

What if the statute of limitations has expired?

Step one is to determine when the timer began. It's safe to assume it began on the day of the accident, but there are circumstances when it may not. The specifics of your accident and injuries can alter how long you have to file a suit, so it is important you visit with an attorney to discuss your case. Consultations for injury lawsuits are typically free, regardless which lawyer you choose; therefor, it costs you nothing to consult an attorney. Waiting could result in your foregoing your legal right to seek compensation for you injuries.

Other Issues Affecting the Statue of Limitations

There are times you may have longer than expected to file a lawsuit. If the injury occurred when you were a minor, you could have until your 19th birthday to make a claim. Disability and incapacitation can also extend your window. These exceptions allow victims to take actions when they overcome their condition; however, there are limits in these situations too. The diagnosis date may replace the injury date. When the adverse effects of an injury cannot be fully realized until after the accident, the starting point of the statue of limitations affecting your claim may be the date of diagnosis. Automotive recalls is another instance when you may be able to file a suit after the statue of limitations has expired. If the recall can be proven to have been the cause of your injuries, you may have another opportunity. The personal injury process is complicated enough without questions regarding your eligibility to file. Please seek the counsel of an experienced personal injury lawyer. The statute of limitations is just one of many complexities the Clore Law Group addresses routinely helping people who've suffered injuries in negligent accidents. The sooner you visit an attorney the better, but don't forgo legal counsel because you think you have waited too long.