How Long Do I Have to File a Personal Injury Lawsuit in Rock Hill?

Learn how long you have to file a personal injury lawsuit in Rock Hill, with key deadlines and factors that ensure you protect your legal rights.

Recovering from an accident involves medical treatment, rising bills, and lost wages. While focusing on recovery, remember that South Carolina law sets strict deadlines for filing a personal injury lawsuit in Rock Hill. Missing this crucial deadline, or Statute of Limitations, typically forfeits your right to compensation forever, regardless of your case's strength. 

Insurance companies are aware of these time limits and may use delay tactics. Knowing the specific time limit, which varies based on the accident type and other factors, is essential to protect your legal rights before it's too late.

What Is the General Time Limit for Personal Injury Cases in Rock Hill?

A statute of limitations is a law that sets a time limit for taking legal action. In personal injury cases, it tells you how long you have to file a lawsuit after an accident or injury.

In South Carolina, a personal injury lawsuit must generally be filed within 3 years of the injury date. This three-year statute of limitations, as explained by a Rock Hill personal injury lawyer at Stewart Law Offices, applies to various types of personal injury cases, including those resulting from car accidents, slip and falls, or dog bites.

If you're unsure of your deadline or need assistance, contact a Rock Hill personal injury lawyer at Stewart Law Offices. They have been helping people since 1995, and they can walk you through your options and help you act on time.

You can reach them by calling 803-328-5600 or by stopping by their Rock Hill office located at 1242 Ebenezer Rd, Rock Hill, SC 29732 for a private, in-person consultation.

What happens If You Miss the Deadline?

Missing the 3-year deadline is a serious issue. If you try to file a lawsuit after the time limit has passed, the court will likely refuse to hear your case. That means:

• You won’t be able to recover money for your injuries.

• You lose your chance to hold the at-fault party responsible.

• Insurance companies will have no reason to settle with you.

This deadline comes from South Carolina Code Section 15-3-530, which covers various civil claims, including those for assault, battery, and injuries to a person.

How a Lawyer Helps Protect Your Filing Deadline

A lawyer's role goes beyond just filing papers. They ensure your case is prepared correctly and timely, protecting your rights. They identify the correct deadline, gather evidence quickly, and handle communication with the insurance company. If needed, they prepare your case for court, thereby strengthening negotiations. They also ensure no forms or steps are missed, preventing delays or dismissal. 

By handling these tasks, a lawyer strengthens your case and prevents mistakes that could harm your claim. This thorough approach helps secure the best possible outcome for you.

What are the Common Types of Personal Injury Cases in Rock Hill

The statute of limitations is crucial for various injury cases in Rock Hill. This includes car accidents on busy roads like Dave Lyle Boulevard, slip and fall accidents in stores or restaurants, and truck accidents involving commercial vehicles.

Other personal injury cases include workplace injuries in construction or industrial settings, dog bites, and nursing home injuries due to falls, neglect, or abuse.

These incidents can lead to serious injuries, and prompt action is necessary. The deadline to file a lawsuit applies equally to all these cases, making it essential to be aware of the time limit to seek compensation.

What Damages You Can Recover in a Personal Injury Lawsuit

If you file your lawsuit on time and prove negligence, you may recover damages such as medical expenses, including hospital bills and therapy, lost wages due to missed work, and future medical costs for long-term care. 

You may also be compensated for pain and suffering, covering emotional and physical distress, as well as property damage to repair or replace damaged items.

Frequently Asked Questions

Does the three-year deadline apply if I'm still receiving medical treatment?

Yes. The statute of limitations runs regardless of whether you're still treating for your injuries. In fact, waiting until treatment is complete can be risky. You should consult a lawyer early so they can prepare your case while you continue medical care.

If I file an insurance claim, does that stop the statute of limitations clock?

No. Filing an insurance claim doesn't pause or extend the statute of limitations for filing a lawsuit. The deadline to file in court continues running even while you negotiate with insurance companies.

What if I didn't discover my injury until after the accident?

For most injury types, the statute of limitations starts when the accident occurred, not when you discovered the injury. The discovery rule applies mainly to medical malpractice and certain other cases where injuries aren't immediately apparent.