Time Limitations
WARNING: The time limitations for bringing a lawsuit vary widely with the type of case, whether the case is brought against a government agency, and the particular facts of your case. What follows is not intended , nor can it be relied upon , as advice for your particular case.
Statute of Limitations - Defined
Every kind of civil claim or lawsuit has a time period within which a lawsuit must be filed. Failure to file within that time period means that the case will be forever barred. This time period is known as the statute of limitations. Each state has a statute of limitations for every type of case, and so does the federal government. There are wide variations on these time limits, so you must be wary so as not to let the time run out. Typically, the statute of limitations begins to run from the time a person knows or should know he has a claim. What follows is general information on the statute of limitations for wrongful death and personal injury cases.
Personal Injury Claims
Claims Against Non-Governmental Defendants
The statute of limitations is three years from the time the person knew or should have known he had a claim or cause of action. If the person entitled to the civil lawsuit is a minor, insane or imprisoned at the time the claim or cause of action accrues, then the time period may be extended. A lawsuit must be filed within the statute of limitations or your claim is forever barred.
Claims Against Agencies of South Carolina
The statute of limitations is two years from the time the person knew or should have known he had a claim or cause of action, unless he filed a verified claim within one year of the discovery of the claim. If a verified claim is filed with the state agency within one year of the date the person knew or should have known he had a claim the statute of limitations is extended to three years. Suit must be filed within the statute of limitations or your claim is forever barred.
Claims Against Federal Agencies
Claims against the Federal Government must be presented in writing within two years after the claim accrues and suit must be filed within six months after the date of mailing, by certified or registered mail of the notice of final denial of the claim. A cause of action "accrues" against a federal agency when the injured party learns of his injury's existence and cause. Federal courts do not allow a waiver of the statute of limitations due to a persons age of minority, imprisonment, or insanity. Failure to meet these requirements for a federal claim will result in your claim being forever barred.
Wrongful Death Cases
Claims Against Non-Governmental Defendants
The statute of limitations is three years from the date of death, unless death was caused by medical malpractice. See "Time Limitations" under "Medical Malpractice".
Claims Against Agencies of South Carolina
The statute of limitations is two years from the date the loss was or should have been discovered. If a verified claim has been filed within the first year after the claim accrued, the statute of limitations is three years from the date the loss was -or should have been- discovered.
Claims Against Federal Agencies
The claim must be filed in writing with the appropriate federal agency within two years of the date the claim accrues and a lawsuit must be filed within six months of the mailing by certified or registered mail of the notice of final denial of the claim by the federal agency.
FAILURE TO FILE A LAWSUIT WITHIN THE STATUTE OF LIMITATIONS MEANS YOUR CASE WILL BE FOREVER BARRED AND YOU CAN NEVER RECOVER DAMAGES FOR YOUR LOSS.
