If you or a loved one has been injured in a bus accident in South Carolina, it is important to understand the statute of limitations that applies to filing a claim. The statute of limitations refers to the time limit accident victims have to file a lawsuit seeking compensation for their injuries and damages. Missing this deadline will likely result in a dismissal of your claim.
What is the Statute of Limitations for Bus Accidents in SC?
South Carolina has established a 3-year statute of limitations for personal injury claims, including those arising from bus accidents. This means that accident victims have 3 years from the date of the accident or injury to file a lawsuit against the responsible parties.
Some key points about SC’s statute of limitations for bus accident claims:
- The 3-year deadline applies whether the injuries are immediately apparent or take time to manifest. The clock starts ticking on the date of the accident.
- For minors injured in a bus crash, the 3-year deadline does not begin until they reach age 18.
- The deadline can be extended or “tolled” if the injured person is deemed mentally incompetent.
- The statute of limitations could be shorter when suing a government entity. Consult an attorney.
Why the Statute of Limitations Matters
The statute of limitations for bus accident claims in SC is important for several reasons:
- It encourages prompt action and helps preserve evidence while memories are fresh.
- The responsible parties can’t be subject to open-ended liability decades down the road.
- As time passes, evidence may be lost or destroyed, and witnesses’ recollections can fade.
- Bus companies and insurers are entitled to legal finality at some point.
Meeting the 3-year deadline preserves your right to pursue compensation through a lawsuit if that becomes necessary. An experienced personal injury attorney can provide strategic guidance on the timeline.
How to Pursue a Claim Before the Statute Expires
To preserve your right to sue for damages, you generally must take legal action before the 3-year statute of limitations has expired. Steps may include:
- Consulting with an attorney promptly after a bus accident to get the claims process started.
- Thoroughly documenting the accident, injuries, medical treatment, and other losses.
- Giving timely notice of your claim to the appropriate insurance companies.
- Negotiating a settlement offer, which your attorney can help evaluate.
- Filing a personal injury lawsuit in South Carolina civil court prior to the deadline if warranted.
Exceptions that Could Extend the Time Limit
In some circumstances, South Carolina allows for exceptions to the 3-year statute of limitations:
- If the accident occurred in a different state, that state’s statute may apply instead.
- If the injury does not appear until years later, the discovery rule could extend the deadline.
- Claims against a government entity may have tighter deadlines.
- The deadline could be tolled if the defendant cannot be located and served.
An experienced bus accident attorney can advise you on exceptions that might allow more time to act on your claim. Do not rely on exceptions unless your lawyer confirms their applicability.
Consult an Attorney About Your Bus Accident Claim
If you or someone you love has been injured in a South Carolina bus crash, it is important to consult a qualified personal injury attorney as soon as possible. An attorney can evaluate the strength of your claim, preserve evidence, negotiate with insurers, and file a lawsuit if appropriate.
Contact the experienced bus accident lawyers at Monge & Associates for a free case review by calling (888) 477-0597. With 32 offices located in 19 states, including South Carolina, Georgia, and Washington, we are here to help accident victims recover the maximum compensation they deserve.