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Charleston Injury Lawyers / Blog / Car Accidents / What Is the Time Limit for a Semi-Truck Accident Lawsuit in South Carolina?

What Is the Time Limit for a Semi-Truck Accident Lawsuit in South Carolina?

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After a semi-truck accident in South Carolina, it makes sense to give yourself plenty of time to rest and recover. You might be psychologically traumatized by this near-death experience, and a lawsuit may be the last thing on your mind. But how long should you wait before taking legal action? Is there a legal time limit for these claims? This is something you should discuss with a South Carolina truck accident lawyer sooner rather than later.

The Statute of Limitations for Personal Injury Claims in South Carolina

A truck accident lawsuit in South Carolina is a type of personal injury claim. As a result, these lawsuits must adhere to the statute of limitations for personal injury in South Carolina. Under South Carolina law, the statute of limitations is three years. In other words, you have three years to file your claim after your truck accident. You can think of the statute of limitations as a legal time limit. Once it expires, you could lose the right to sue and recover compensation.

The Time Limit Only Begins Once You Become Aware of Your Injuries

For most victims, this time limit will begin from the date of their accident. However, this is not always the case. Sometimes, people do not become aware of their own truck-related injuries until weeks, months, or even years have passed. Technically speaking, the time limit only begins once you become aware of your own injuries. In these situations, one could potentially file a claim after more than three years have passed since the accident.

You might wonder how someone could possibly be unaware of their own truck-related injuries. However, this is more common than many realize. For example, a coma could keep a victim in an unconscious state for weeks, months, or years. After waking up from their coma, the victim may become aware of their own injuries. In this situation, the time limit would only begin from the date they regained consciousness.

Another example might involve a traumatic brain injury. After an injury of this type, a victim might suffer severe cognitive decline, to the point where they no longer understand the world around them. They might also revert to a childlike state. Through rehabilitation and treatment, the victim may eventually regain their senses and realize how their injury occurred. At this point, the time limit of the statute of limitations would begin.

Can a South Carolina Truck Accident Lawyer Help Me?

If you were injured in a South Carolina truck accident, it makes sense to connect with an experienced injury attorney sooner rather than later. The statute of limitations could make your lawsuit impossible if you wait too long. Even if you manage to file your claim before the statute expires, important evidence might become lost if you wait too long. Contact Mickelsen & Dalton, LLC today to learn more about the next steps.

Sources:

thestate.com/news/traffic/article312643241.html

scstatehouse.gov/code/t15c003.php

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