Recovering compensation after someone injures you can be a long and complicated process. Our lawyers can help by handling your claim from start to finish.
In most cases, injury victims only have three years to file a lawsuit or will lose their chance to recover damages from the liable party. One of the first steps our team takes is identifying how long we have to file a client’s claim. If the defendant is out of state or committed medical malpractice, victims might have more time to file. Children and those with a disability when the accident occurred might also have additional time to recover compensation. Our team can determine how long you have to file a claim and gather evidence to prove it.
For a free case assessment, contact our Columbia, SC personal injury attorneys at Rice Law today by calling (803) 219-4906.
When Personal Injury Lawsuits Must Be Filed in Seven Oaks, SC
Essentially, most personal injury claims are subject to strict filing deadlines known as the “statute of limitations,” even those for serious accidents. In Seven Oaks and the rest of the state, legal actions for injury, assault, or battery must be filed within three years from the date the damages occurred, according to S.C. Code Ann. § 15-3-530(5). This clock starts ticking the moment you are injured and goes by faster than you might think.
By starting your case soon after the accident, our personal injury attorneys can gather medical records and interview witnesses during this time so that your complaint is supported by evidence. Unfortunately, the court and insurance companies will not entertain claims filed after the statute of limitations runs. In some instances, though, justice demands that certain injury victims be given more time to file. We can determine if one of these exceptions applies to your situation if the deadline is getting close.
Exceptions for Persons Under Disability
One of the most common exceptions to the three-year rule is for cases involving injury victims who are either under 18 years old or “insane” under § 15-3-40(1)-(2). The statute of limitations is paused in these cases until disability ceases. How long one can file at that point will depend on the disability involved.
“Infancy” is considered a legal disability because minors are not considered competent to exercise certain legal rights, like filing a lawsuit. The limitations period is tolled until child injury victims turn 18, then they have until their 21st birthday to file a claim.
While the law uses the outdated term “insane,” courts recognize this to mean what we commonly understand as legitimate physical and mental disabilities. If a disability prevents an accident victim from filing a claim and they were under the disability when injured, the time they cannot file is not counted in the limitations period. Once a disability no longer prevents a person from taking action, they have one year to file a claim, as per § 15-3-40(b).
When a person is under two or more disabilities when they are injured, the statute of limitations will not run until all disabilities are removed, according to § 15-3-60. However, injury claims involving disabilities must be filed no later than five years from the accident date under § 15-3-40(a).
Exception for Out-of-State Defendants
In some cases, people need more time because their lawsuit cannot be served to the defendant since they are not in the state. According to § 15-3-30, the time will not count against you if the defendant is out of the state when the incident giving rise to your lawsuit occurred. Perhaps you were injured by a trucker, but the trucking company they work for is located out of state and will not respond to legal correspondence. Once the liable party returns to South Carolina, the clock starts running again.
Suspecting a lawsuit, some potential defendants flee the state after causing an accident, such as a driver attempting to escape justice after a hit-and-run. If the person who injured you leaves the state after injuring you, the limitations period will pause if they are continuously absent from this jurisdiction for a year or more.
Exceptions for Medical Malpractice
Determining the filing deadline in medical malpractice lawsuits can be challenging because the timeframe depends on when the victim knows of the negligence, as per § 15-3-545(A). In some instances, malpractice victims have three years from the date they received negligent treatment or an operation or omitted necessary treatment to file a claim against the healthcare provider. Alternatively, victims have three years from the date they discovered the malpractice or when they reasonably should have discovered the issue. In either case, the limitations period will not exceed six years from the date of the malpractice.
However, there is an exception to this rule for claims arising out of healthcare providers negligently placing or leaving a foreign object in their patients. When a medical doctor, surgeon, or dental provider places an object incorrectly or accidentally leaves a foreign object in a person, the victim has two years from the date they discovered it or when they reasonably should have known about it to file a malpractice claim under § 15-3-545(B).
Understanding the Burden of Proof for Personal Injury Claims in Seven Oaks, SC
Many people are familiar with the phrase “beyond a reasonable doubt,” which is the “burden of proof” to prove that a person is guilty of a crime. This is the highest standard since we want jurors to be as close to 99% sure that the person being criminally convicted almost certainly committed the crime.
Fortunately, the burden of proof is not as high to recover damages in an injury case. In civil claims, “preponderance of the evidence” is the burden of proof, which means it is more likely than not that the defendant is responsible for your damages. Various forms of evidence can meet this burden, like accident reports, medical records, and witness testimony.
Call Our Seven Oaks, SC Personal Injury Lawyers Today for Help Getting Your Claim Filed
Call Rice Law at (803) 219-4906 for your free case review with our personal injury lawyers.