The statute of limitations for TBI in South Carolina is three years. Understanding the statute of limitations is crucial for anyone who has experienced a traumatic brain injury.
Failing to take action within the specified time limit can result in the loss of the right to pursue compensation, leaving victims without the legal recourse they may need for medical bills, lost wages, pain and suffering, and other related expenses. Hire a Columbia traumatic brain injury lawyer to get more information.
What Is the Statute of Limitations?
The statute of limitations is the legal term used to describe the maximum period of time a person has to file a lawsuit after an event that causes harm. These time limits are put in place to ensure that cases are handled efficiently and fairly while evidence remains available and witnesses’ memories are fresh.
Once the statute of limitations expires, individuals may no longer have the legal right to file a claim or lawsuit. The exact statute of limitations for TBI cases varies from state to state and can depend on the specific circumstances surrounding the injury.
As we mentioned earlier, in South Carolina, the statute of limitations for most personal injury cases, including traumatic brain injuries, is three years. You can partner with one of our lawyers in South Carolina to discuss your case.
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Exceptions to the Statute of Limitations
While the general statute of limitations for TBI cases in South Carolina is three years, there are certain circumstances in which this time frame may be extended or shortened. Some exceptions include:
- Minors: If the person who sustained the traumatic brain injury is a minor (under 18 years old), the statute of limitations is generally tolled until the person turns 18.
- Government claims: If the TBI resulted from an incident involving a government entity, such as a car accident with a state-owned vehicle, special rules apply.
- Fraud or concealment: If the injury or cause of the injury was deliberately concealed or fraudulently hidden, the statute of limitations may be extended. In such cases, the clock may start ticking from the date the victim discovered or reasonably should have discovered the fraud or concealment.
- Delayed diagnosis or complications: In cases where a TBI is not immediately diagnosed, or if complications arise that weren’t initially detected, the statute of limitations may be extended to reflect the discovery of the injury.
The Importance of Filing Your Claim on Time
The statute of limitations exists to promote fairness and efficiency in the legal process. While it may seem like three years is a long time, it is important to act quickly when pursuing a TBI claim. Here’s why:
Preserving Evidence
As time passes, crucial evidence that can support your claim—such as witness testimonies, medical records, or accident reports—can become lost, damaged, or harder to obtain. The earlier you file your claim, the more likely you are to have access to fresh and reliable evidence.
Witness Availability
People’s memories fade over time, and witnesses who may have been present at the scene of the accident could move or become unavailable. Filing a claim early helps ensure that you can contact and secure statements from key witnesses.
Increased Likelihood of Settling Outside Court
Legal professionals often recommend filing a claim promptly to facilitate settlement negotiations. Insurance companies and defendants may be more inclined to offer a settlement when the claim is fresh and supported by solid evidence.
Waiting until the statute of limitations is about to expire can reduce your leverage in settlement talks.
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A Traumatic Brain Injury Lawyer Can Help You
Because TBI cases can be complicated, it’s important to consult with an experienced personal injury lawyer as soon as possible if you’ve sustained a traumatic brain injury.
A qualified attorney can also help you determine whether you are entitled to compensation for additional damages beyond medical bills and lost wages, such as pain and suffering, emotional distress, or long-term care costs.
Additionally, a lawyer can identify any potential exceptions to the statute of limitations that may apply to your specific situation, increasing your chances of a successful claim.
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Learn More About Traumatic Brain Injury Claims With The Thumbs Up Guys
So, what is the statute of limitations for TBI in South Carolina? It is generally three years from the date of the injury. Failing to file within this time frame could result in the loss of your legal right to seek compensation for your injuries and related damages.
Don’t wait until it’s too late—consult with an experienced lawyer as soon as possible to ensure that your claim is filed in time. To learn more about the statute of limitations for TBI cases and to get a free case review, visit our blog or contact The Thumbs Up Guys for legal guidance.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
