South Carolina Civil Statute of Limitations Laws

The statute of limitations is a legal rule that defines when a person can file a lawsuit. If a person tries to sue after the certain time limit set by the law, the claim gets barred, and the defendant will automatically win. Each state, including South Carolina, has its own statutes of limitations for each type of civil lawsuit, from contract disputes to personal injury. Each different type of claim can have a different time limit. For example, medical malpractice may have a shorter or longer statute of limitations than trespass.

This article briefly overviews the South Carolina civil statute of limitations laws. If you are thinking of filing a lawsuit, contact a South Carolina litigation attorney right away.

When Does the Time Limit Begin?

In South Carolina, the statute of limitations for civil actions typically begins when the injured party knew or should have reasonably known they suffered harm and understood the nature of that harm. This means that the clock doesn’t necessarily start ticking at the time of the incident itself but rather when the person becomes aware, or should have become aware, of the injury or damage caused by the incident.

This rule helps to ensure fairness, allowing people time to recognize the harm they’ve suffered before the limitations period begins to run. But, once plaintiffs know the harm, this discovery rule still requires them to act within the established time frame.

Tolling of Statute of Limitations

The court can extend the limitation period to file a lawsuit based on various factors known as tolling. For example, a child who’s injured doesn’t have the clock start running against them until they are no longer incapacitated by being a minor in the eyes of the law. So, when they are 18, the statute starts to run.

For example, if a child gets injured, the clock on the cause of action doesn’t begin to run until the child is no longer legally incapacitated as a minor. Typically, the statute starts when the child is 18 years of age, giving them a specific amount of time to file suit.

Disability is another reason for extending the limitation period. If someone is in the hospital from a severe mental illness for many years during which someone harmed them, it would be unfair to expect them to have the mental capacity to pursue legal action during that amount of time.

South Carolina Civil Statute of Limitations Laws

The following table outlines the primary statutes of limitations for civil cases in South Carolina.

Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

• South Carolina Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Related Resources

• Lawsuits: A Practical Guide
• Time Limits for Filing Product Liability Cases
• South Carolina Criminal Statute of Limitations

Don’t Miss Your Filing Deadlines: Get Help From a South Carolina Attorney

Dealing with an injury — physical, emotional, or financial — can be tough and stressful. You don’t have to handle the South Carolina legal system alone. The time you have to file a lawsuit can differ based on your situation and your claim type.

If you are facing a personal injury or another legal problem, it’s a good idea to contact a South Carolina personal injury attorney. They can help you understand your options and make sure you file your claim on time.