(864) 582-0416 The statute of limitations in personal injury cases determines how long you have to file a lawsuit following an injury. In the case of the Spartanburg car accident statute of limitations, this legal deadline begins to run as soon as the crash occurs. If you don’t file a lawsuit before time runs out, you give up all your rights to any settlement from the crash.
Working with an experienced car crash attorney can help you ensure that you understand your rights and can protect them throughout the claim process.
The Spartanburg statute of limitations provides three years after the date of a car accident for injured individuals to file a lawsuit, if the at-fault driver is not driving for a government entity at the time of the crash. For at-fault drivers of government vehicles, the statute of limitations is only two years.
The statute of limitations includes both cases in which the car crash caused injuries and cases in which the collision led to the death of one or multiple passengers.
While the statute of limitations lays down a specific time period by which injured individuals must file a claim, there are several exceptions that will allow extended time for the injured person to recover the compensation they deserve.
When a child suffers injuries in a car accident in Spartanburg, they may have more time to file a claim. While parents can file a claim on the minor’s behalf, if they choose not to, the statute of limitations starts counting after the child turns 18. But it expires faster. Minors have just one year after their eighteenth birthday to file a lawsuit.
In the rarest of cases, after a car wreck, injured individuals may not realize the full extent of their injuries immediately. In fact, injured individuals can miss the presence of even severe injuries because of adrenaline or simply a lack of awareness. In those cases, the statute of limitations may start counting when the injured person discovers their injuries.
Some car accident injuries, including traumatic brain injury, can cause significant mental disability. And some victims, especially elderly ones, may be experiencing a mental disability like dementia or Alzheimer’s. In those cases, the statute of limitations may be tolled, or paused, during that period of mental disability.
When the person who caused the crash conceals the reason for the accident, including hiding evidence, and that evidence comes to light later, the statute of limitations may not start counting down until the injured person discovers the concealed evidence and learns who bears liability for the accident or how it occurred.
The best way to address the South Carolina car accident statute of limitations is to take immediate action, so your rights aren’t threatened by time running out. Contact an experienced Spartanburg car crash attorney at Holland & Usry now to protect yourself and your family.
Because of the many exceptions to the statute of limitations law, you may have the right to file a lawsuit even after that period has passed. Since a car accident claim can provide you with compensation for your medical costs, lost wages, and pain and suffering, working with a lawyer to make sure that you understand the statute of limitations and any exceptions can be essential to recovering the money you deserve.
At Holland & Usry, we strive to help our clients pursue the compensation they deserve by taking swift action to prevent the statute of limitations from running out. If necessary, we can work to identify exemptions to the statute of limitations that may allow filing a lawsuit even after the two or three-year period has passed. Contact us today for a FREE case review.
