In the field of law, certain time limits dictate how long a legal action can be brought against someone. This is known as a “statute of limitations” and is a part of the legal system in every state, including South Carolina. The rules change from state to state, as the legislature in each state determines what the rules are.
A very few states, like South Carolina, have no statutes of limitation on criminal acts. But every state, including South Carolina, has a statute of limitations for civil claims, such as a personal injury lawsuit or wrongful death claim.
Why Statutes of Limitation Matter
The statute of limitations is an important part of the justice system because it serves to protect the rights of the accused. As time passes, most forms of evidence degrade, so a time limit helps ensure that evidence is fresh, and the case can be tried with the most accurate facts that are available. The time limit also helps ensure that potential defendants aren’t faced with the threat of a lawsuit forever.
Time Limits for Personal Injury Suits
The amount of time that an injured person has to file a civil action varies depending on the type of claim. For a DUI accident personal injury lawsuit, typically the time limit to make a legal claim in South Carolina is three years from the date of the injury. Similarly, surviving family members of those who have been killed have three years from the date of death to make a wrongful death claim in court.
Statutes of limitations are complicated and there are exceptions, but once the time limit is over victims are almost never able to recover damages. Even if you’re not sure that you have a case, contacting a personal injury attorney sooner rather than later can ensure that your legal right to pursue compensation in a court of law is protected.
Get Legal Help After a DUI Accident
If you have been injured or lost a loved one due to a drunk driver, the attorneys at the Law Offices of Kenneth E. Berger are here for you. We believe in protecting the legal rights of those who have been harmed, and we want to help you and your family begin the recovery process today.
To talk about your situation with an experienced, caring legal professional, call us by phone, use our contact form to send an email, or click the live chat box on this page now to arrange a free consultation at our office. We can also make arrangements to visit you if mobility is a problem after your accident, so reach out to us today get started.