Injured parties must adhere to the statute of limitations to ensure their legal claims are filed in a timely manner. If you file your legal claims outside of the statute of limitations period, then you may lose your right to assert those claims, or you may have your civil lawsuit dismissed. However, some exceptions apply in specific circumstances, and a South Carolina truck accident attorney at the Shelly Leeke Law Firm can help you learn more about the importance of the statute of limitations in South Carolina.
The Statute of Limitations Period for Personal Injury Actions in South Carolina
The statute of limitations period for personal injury actions in the state of South Carolina is three years from the date of the injury. You do not want to rest on your rights. Depending on the facts of your cases, the date of the injury may be the day you were actually injured or the day you became aware that you suffered injuries.
For example, you may have gone into a coma as soon as the accident occurred. It is possible that the statute of limitations period will not begin to run until you wake up from the coma and realize that you suffered injuries during a truck accident. Speaking to a knowledgeable truck accident lawyer can help you determine how long you have until the statute of limitations period expires.
Public Policy and the Statute of Limitations
The statute of limitations does not exist to punish those who suffer injuries by denying them the right to file legal claims for an indefinite period of time. The statute of limitations period ensures that the evidence associated with cases will not be outdated with the passage of time. Also, court dockets would be overflowing with old cases if the statute of limitations period did not exist.
Defendants also do not have to live forever with the possibility that they will be sued for an event that happened over two decades ago. The statute of limitations period exists to help fulfill these public policy goals. Also, the plaintiff cannot rest on their rights, and they must do everything in their power to preserve important evidence for a civil lawsuit, such as medical records, photographs, and witness statements.
Extending the Deadline for Filing a Truck Accident Claim
The statute of limitations period for personal injury actions in South Carolina can be tolled under some specific circumstances. You must speak with an experienced truck accident attorney to ensure that you receive the best advice possible regarding your legal rights. The following are some circumstances under which you can extend the statute of limitations period for personal injury actions:
- The injured victim did not discover that they were injured until some point after the date of the injury.
- The party responsible for causing the victim’s injuries is not in the state of South Carolina.
- The injured victim is a minor or is legally insane.
You should speak with a knowledgeable attorney before relying on any exceptions that extend the statute of limitations period. Sometimes, an exception may not be applicable in child injury cases due to factors over which you have no control. It is important that you determine a clear statute of limitations period for your truck accident case so you do not file your legal claims outside of the statute of limitations period.
Do Not File Your Legal Claims Beyond the Statute of Limitations Period
You do not want to file your truck accident claim outside the statute of limitations period. If you file a truck accident claim beyond the statute of limitations, then opposing counsel will make a motion to dismiss the case. The judge in the case may have to grant the motion, and you may be unable to reassert your legal claims.
You will lose your right to seek financial compensation for your injuries. Also, you will not be able to negotiate with the insurance company and other parties because you have lost your right to file a civil lawsuit. The other party will not have to negotiate with you because you have lost your leverage by losing your right to sue.
The Benefits of Retaining a Truck Accident Lawyer in South Carolina
If you retain a truck accident lawyer, you will be able to take advantage of attorney-client privilege and attorney-client confidentiality. You can keep what you share with your attorney private. Opposing counsel may attempt to obtain information that is privileged, but your lawyer will object and invoke the privilege.
You will also have an easier time during settlement negotiation, mediation, and arbitration if you retain an attorney. Most defense counsel will be hesitant to treat you fairly if you do not have a lawyer representing your legal interests. In fact, opposing counsel may take advantage of your inexperience and try to have you accept a low settlement offer.
Having legal representation will also allow you to focus on healing from your injuries. A skilled attorney can handle every aspect of your truck accident case. You can recover your physical and emotional health and get back to your regular life without dealing with the daily stresses involved in a civil lawsuit.
Our Attorneys Understand How Complex Truck Accident Cases Can Be
You may not have all the resources you need to represent yourself in a truck accident case. It is possible you are still recovering from your injuries. If you want to learn more about retaining a truck accident lawyer, Contact us today to speak with a truck accident lawyer.
Retaining legal counsel will enable you to not feel overwhelmed with every aspect of a truck accident case. We have years of experience litigating truck accident cases. Do not hesitate to reach out and learn more about the ways our team can help you enforce your legal rights. You do not have to take on the full responsibility of a truck accident case. Reach out to us so you have a complete understanding of the legal options available to you.
