SOUTH CAROLINA STATUTE OF LIMITATIONS

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Personal Injury Actions
These actions must be brought within three years of the date of the injury.

Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred or within three years when the injury was, or should have been, discovered. In no event may a person file a medical malpractice action more than six years after the act giving rise to the injury occurred. In the case of minors under 18, the statute of limitations for a medical malpractice action cannot be tolled more than seven years after the act giving rise to the injury occurred, nor can it be tolled more than one year after the minor turns 18.

Medical Malpractice Actions Based on the Insertion of a Foreign Object
These actions must be filed within two years after the foreign object is, or should have been, discovered. In no event shall the limitations period be less than three years after placement of the object into the plaintiff’s body.

Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.

Special Rules for Minors
Except in cases of medical malpractice, minors have one year from the date of their 18th birthday to file suit.

The materials at this web site have been prepared by LexisNexis for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.

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