How Long Do I Have to File a Premises Liability Claim in South Carolina?

James Law Office, LLC

If you are ready to file a premises liability claim, you should act quickly. The state limits how long you have to move forward with legal action after an accident. If you want to be sure that you will not miss your chance to pursue compensation, you should contact a Darlington County, South Carolina slip and fall lawyer who can help guide you through the legal process.

What Is the Statute of Limitations in a Premises Liability Case?

If you were injured on someone else’s property, you may have a premises liability case on your hands. You do not have an unlimited amount of time to move forward with it though. This is because the state of South Carolina has set a statute of limitations that requires all legal action in a personal injury case to commence within three years of the injury being discovered.

So if you are injured in a slip and fall accident or due to another harmful condition on someone else’s property, you need to act within that time frame. Some exceptions do come up, like when a medication taken years ago has an unexpected effect later on in life. This is when the three years from “discovery” of the injury could be applied, even if it has been a long time since the actual medication was taken.

Are There Other Exceptions to the Statute of Limitations?

There are a few. The deadline for suing can be extended or shortened for cases where:

Someone under 18 was injured: The statute of limitations would start to count down once the injured party reaches the age of 18. So if someone was harmed in an accident at 17, they could have roughly four years to pursue a case instead of three.

A potential defendant left the state: If someone you plan to sue leaves the state before a lawsuit is filed, their absence does not count against the statute of limitations. They can still be served a premises liability suit when they return.

A government entity is involved: In a case where a government or municipal agency is involved, the statute of limitations is actually shorter. You have two years to begin your case, not three.

Why Kind of Damages Can I Win in a Premises Liability Case?

Fair compensation in a premises liability case does not just address the costs of an accident that are easier to quantify, like bills and missed paychecks. A settlement also needs to address the pain and suffering caused by an accident, and the psychic toll it can take on victims and their families. Your compensation should help make up for:

  • Medical bills
  • Mental anguish
  • A loss of enjoyment
  • Lost wages and earning potential
  • Pain from disability or disfigurement

Schedule Your Free Consultation

If you are ready to learn more about the potential value of your case and what our experienced team of premises liability lawyers can do to assist you, contact the James Law Office, LLC. We can offer you a free initial consultation and we will answer any of your legal questions.

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Darlington, SC 29532

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