After an injury, a person may want to consider filing for compensation for their losses. However, a claimant needs to be careful about when they file. After all, according to the law, a claimant cannot file for compensation if their injury claim exceeds the state statute of limitations. The statute of limitations is a time limit for each injury claim filed in South Carolina. If the injury occurred too long before a filing, legal action may not be permitted.
If you have sustained an injury because of someone else’s negligence, you may be eligible for compensation. To discuss your legal options and rights as an injured individual, contact the Charleston injury attorneys of the Steinberg Law Firm at 843-720-2800 today.
KEY CONSIDERATIONS FOR YOUR CASE
Until one has been directly involved in the legal process, it is likely that his or her only exposure to the justice system is through fictional representations or news reports. Unfortunately, this means that there are often a number of misconceptions about important matters. The following are some key considerations for your case which pertain to the statute of limitations.
#1: A claim can expire over time.
When a person sustains an injury, or becomes aware of an injury, there is a sort of countdown process initiated. In the state of South Carolina, this time is set at 3 years from the time of the injury. This time can vary depending on the type of case, however. For instance, cases of medical malpractice in which a person was injured due to a foreign object being left in the body only permit 2 years before a person loses their option to file for compensation.
#2: The statute of limitations can be increased.
The law does permit the expansion of the normal statute of limitations in certain situations. Specifically, the discovery rule is in effect in South Carolina. This means that the statute of limitations begins counting down once the injury is discovered, not sustained. This is particularly useful in cases of injuries or ailments that are slow to develop or make themselves apparent.
#3: Children are given additional time to file.
Generally speaking, injured children will be given up until their 18th birthday to pursue legal action. Once they become adults, these injured individuals will have one year to consider their legal options for compensation.
An injury can leave you confused and anxious about what problems the future may hold. Let our experienced advisors help you better understand your legal options after an injury. For more information, contact the Charleston personal injury attorneys of the Steinberg Law Firm by calling 843-720-2800 today.