What is the Statute of Limitations Against CSX and Amtrak in SC?

Anyone injured in the 2018 collision between the Amtrak passenger rail and CSX cargo train will likely have 3 years to bring a lawsuit under the laws of South Carolina. Nonetheless, because South Carolina law only allows 2 years to bring suit against government defendants, and since various state agencies responsible for railway maintenance may ultimately be named as defendants based on their own negligence, I would encourage you to not to wait. Likewise, I could foresee lawyers for the train companies arguing that the statute of limitations from other states actually apply, with some potentially being as short as one year.

This answer is not intended to make you feel rushed, but rather help you stay informed of your rights so that those rights may be protected. The statute of limitations in all civil cases - whether state or federal - is critical because missing it often serves as an absolute prohibition against bringing suit or obtaining recovery. For additional information regarding the CSX-Amtrak wreck, please visit our train accident page.

Kenneth Berger
Columbia South Carolina attorney dedicated to securing justice by helping the truly injured