Get Answers to These FAQs We Hear the Most
We know how many questions you must have right now about your wrongful death case, so we compiled this list of the questions we hear the most. If you have a question that is not answered here, please call our Columbia law office to speak with Kenneth Berger.
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What is the Statute of Limitations For a Wrongful Death Action in South Carolina?
The time in which you have to file a lawsuit is known as the statute of limitations. Under the laws of South Carolina, you have 2 years to bring a lawsuit - also known as a civil action - against governmental defendants. For instance, if you wanted to hold a county hospital or one of its doctors responsible for medical malpractice, you would most likely only have 2 years from the date the malpractice was committed.
For wrongful death actions against non-governmental defendants, you generally have 3 years from the date of the incident. One example would be in a lawsuit seeking to hold a company accountable for its defective airbags. Let's say Takata or another airbag manufacturer had a defective product in the vehicle, and the defect caused a loved one's death, you would have 3 years from when the accident occurred to bring suit.
There are caveats to these umbrella rules, such as cases when the act of malpractice is not discovered until months or even several years after it was committed, but when possible you do not want to come anywhere close to running out of time to bring a civil action.
Often times, it takes great effort and a significant period of time to properly investigate potential wrongful death claims prior to initiating a lawsuit. In other words, if you have questions about a potential case, it is important to contact a South Carolina attorney early enough in the process to: a) avoid rushing into litigation; or b) creating any statute of limitations issues.
If you are dealing with the loss of someone you care about, and have any questions about what could have been done to prevent their passing, please do not hesitate to contact us. There is no consultation fee. Likewise, we do not want you second-guessing yourself down the road about what actions could have been taken to uncover the truth and hold the negligent parties responsible.