South Carolina Statute of Limitations

South Carolina

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.

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be filed within three years of that date.

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.