What Is the Personal Injury Statute of Limitations in South Carolina?

South Carolina's General Rule for Personal Injury Lawsuits: Three Years

The statute of limitations that covers most South Carolina personal injury lawsuits—S.C. Code § 15-3-530(5) (2024)— gives you three years to file your case in court. South Carolina follows the "discovery rule," meaning the statute of limitations clock starts running on the earlier of the date:

• you knew you had a claim, or
• you should have known you had a claim, had you diligently investigated.

(S.C. Code § 15-3-535 (2024).)

What Kinds of Lawsuits Are Covered by South Carolina's General Rule?

The three-year general rule applies to cases involving:

• assault
• battery
• car accidents
• dangerous or poorly maintained real estate (a "premises liability" suit)
• dangerous or defective products (a "product liability" action)
• medical malpractice, and
• dog bites.

The same three-year deadline applies when personal injuries result in death, called a "wrongful death lawsuit." The statute of limitations starts running on the date of the victim's death. (S.C. Code § 15-3-530(6) (2024).)

The Medical Malpractice Discovery Rule

A different version of the discovery rule, detailed in S.C. Code § 15-3-545(A) (2024), applies to medical malpractice cases. The three-year clock runs from:

• the date of the malpractice, or
• if later, the date you discovered or should have discovered the malpractice.

But there's a catch. A second deadline, called a "statute of repose," puts a limit on the time you're given to discover the malpractice. Under this statute of repose, the latest you can sue is six years from the date of the malpractice.

Special Exceptions to the Medical Malpractice Deadlines

Special filing deadline rules apply in cases involving:

• a foreign object carelessly left inside a patient's body, and
• patients who are injured when they're younger than 18 years old.

(Learn more about South Carolina's medical malpractice laws, including the statute of limitations.)

Why the Discovery Rule Can Be Important (and You Might Be in for a Fight)

In most injury cases, you know you have a claim immediately, as soon as you're injured. Pain and other symptoms tell you that you've been hurt. Once you know you've been hurt, and that someone else's wrongdoing might be the cause, you're on notice that you have a claim. That's enough to start the statute of limitations clock on the date you're injured.

The discovery rule can be important in those unusual cases when you don't discover your injury right away. Instead of starting the statute of limitations clock as soon as you're hurt, the discovery rule pushes the start date back until you know (or should know) that you've likely got a claim. In short, the discovery rule can buy you more time to sue. And that's precisely the reason why the defendant (the party you're suing) will hate it.

If you plan to rely on the discovery rule for more time to file your case, expect a real fight from the defendant. You don't want to fight that battle on your own. By yourself, you'll quickly be in over your head. Hire a lawyer to represent you and make your arguments to the court.