What Is the Statute of Limitations For Motorcycle Accidents in South Carolina?
If you have been injured in a motorcycle accident in South Carolina, your first priority has probably been tending to your injuries. Once you have sought medical care, the next thing you should do is speak to a Greenville personal injury lawyer. Accident victims often do not realize that from the moment of the crash, the clock is ticking on their right to seek compensation. South Carolina’s statute of limitations for motorcycle claims is only three short years.
At the Peace Law Firm, we are experienced, award-winning South Carolina personal injury attorneys who can help you navigate filing a timely claim after a motorcycle accident. Read on to learn more about the statute of limitations for motorcycle accidents in South Carolina and how you can ensure you file your personal injury claim on time.
Motorcycle Accident Statute of Limitations in South Carolina
The three-year statute of limitations for motorcycle accidents in South Carolina means that an accident victim is barred from filing a personal injury lawsuit after that time. If you are filing a claim against a government entity, the statute of limitations is even shorter—only two years. You can see why it is so important to speak to an experienced personal injury lawyer as soon as possible after a motorcycle accident.
South Carolina’s statute of limitations is strictly enforced, with very few exceptions. Failure to take action soon after your injury can mean you lose your right to compensation.
Can You Extend the Statute of Limitations for Motorcycle Accidents in South Carolina?
There are very few exceptions to the three-year statute of limitations for motorcycle accidents in South Carolina. The first exception relates to minor children who suffer an injury before their 18th birthday. When a minor suffers an injury in a motorcycle accident, they have up to one year after their 18th birthday to file a claim.
The next exception to the statute of limitations for motorcycle accidents in South Carolina is for those who are mentally incapacitated at the time of the accident. Victims with mental incapacities have up to five years after their accident to bring a lawsuit.
What Is the Discovery Rule?
Because the motorcycle accident statute of limitations places such serious restrictions on how long a claimant has to file a personal injury lawsuit, it is important to note that the statute does not begin to run until your injuries are discovered. This is known as “the discovery rule.” The discovery rule clarifies that the statute of limitations officially begins when an accident victim knows or reasonably should know about their injury.
In many cases, the moment that someone knows they are injured coincides with the day that the accident occurred. However, in other cases—like those with concussions, soft tissue injuries, or hairline fractures—it can be days, months, or even years before the full effect of the injury is known. In these cases, a court can decide the initial date of the injury along with when the victim should have been aware of their condition. In these instances, the statute of limitations can be extended, but having a lawyer help you make the argument for that exception is essential.
Our experienced team at the Peace Law Firm has helped hundreds of motorcycle accident victims file personal injury cases at all stages of injury discovery. If you have been injured in a motorcycle accident, contact us today to see how we can help you get the compensation you deserve.
Does the Statute of Limitations Mean My Case Has to Be Done by the Time It Runs Out?
If you were injured in a motorcycle accident a while ago and are just now preparing to file your case, do not worry. Your lawsuit does not need to be completely resolved within the three-year statute of limitations. As long as your personal injury claim has been filed before the end of the three-year period, the case can legally proceed.
That said, the sooner you seek legal help and file your motorcycle accident case, the better. Filing a case as soon as possible means that evidence is new and witness memories are fresh.
A prompt filing can help speed your case along and get you the resolution you need and deserve.
How the Peace Law Firm Can Help
The Peace Law Firm represents people in complex personal injury actions like motorcycle and automobile accident actions. Our goal is to get you the compensation that you deserve and fight for justice for you and your family after your motorcycle accident. We understand that a serious injury is a life-changing event. You should have a trusted attorney on your side throughout this process. Contact us today for a free case evaluation.