Article source: KD Trial Lawyers SC
Time goes by fast after an injury in the Palmetto State. Delaying the process can cost someone their opportunity for fair compensation.
“The law gives you a definitive date, but learning those regulations is not always easy. It is like keeping your calendar current: unless you do, life gets messy,” says Tom A Killoren, a lawyer at KD Trial Lawyers,
Whether you are looking to learn your precise schedule or you would like to understand the statute of limitations, this primer is for you.
Understanding the Statutes of Limitation of South Carolina
South Carolina’s statute of limitations is your timer. Once time runs out, you cannot sue anymore. You generally have three years to file a personal injury claim for most accidents, and that clock starts the day you are injured.
But life rarely works this way. Medical malpractice has its own rules, such as the discovery rule. Also, you are only given 2 years when working with the government agency. You miss the time, and the court says no.
Discovery Rule for Medical Malpractice Case
You typically have three years to bring your malpractice lawsuit. However, not all injuries will become apparent immediately; this is where the discovery rule comes into play.
By this rule, the clock does not start to tick until you have learned or should have learned of the injury. Suppose your surgeon leaves behind an instrument by mistake. You go along well for some time, but then pain or problems arise months later. Once you learn of something wrong and connect it to the earlier error, your three-year clock begins.
This way, people are not kept away from justice because the symptoms took time to appear.
When the Clock Stops
Sometimes the law simply slows down the time frame for bringing the action. Personal injury lawyers call this “tolling.” In the State of South Carolina, certain situations bring this into effect.
For example, if someone gets hurt before they turn 18, the clock does not even start ticking until their 18th birthday. Same idea, if a person is legally insane when they get injured, the deadline waits until they are mentally able to handle things.
Now, assume the person you are suing for the injury skips town once you are injured. If you cannot find them, the clock just stops and waits for them to return. Also, if someone tries to cover up the incident or conceal the incident, the court will most likely give you extra time to file the action.
It comes down to this: the law does not want anyone shut out of the court by events beyond their control.
Additional Relevant Legal Timeframes
Certain circumstances throw extra roadblocks your way, deadlines as essential as the statute of limitations. Take, for example, you are injured on the job. You have 90 days to give your employer the heads-up. If you miss the reporting deadline, your claim could be as good as gone.
If your personal injury is caused by a government agency, the laws are even more intricate. A formal tort claim notice is required, generally by the end of the year. This notice serves to inform the agency of the upcoming lawsuit.
And then there is the court paperwork. If you do not turn in what the court asks for, on time, they can toss your case out before you even get started.
Why and How to Select an Attorney
Deadlines sneak up fast, and then there is all the paperwork and that confusing legal jargon. Having a personal injury lawyer on your side just makes sense. Find someone who really understands South Carolina injury law, and ask whether they have handled cases like yours before.
See what they have to say in reviews, and pay attention to how well they can simplify things for you. An excellent lawyer will not cause you to overlook details. They will ensure you are kept organized and on course.
