If you have been injured on someone else’s property due to unsafe conditions, you may be entitled to significant compensation. In South Carolina, property owners are responsible for mitigating the risks of accidents and injuries on their premises by maintaining a safe environment. When the appropriate parties fail to take the necessary steps to ensure their premises are safe for all who enter, they can be liable for their negligence. However, injured parties don’t have unlimited time to file a premises liability claim. Please continue reading to learn the statute of limitations for premises liability claims in South Carolina and how a seasoned Chesterfield County Premises Liability Lawyer can help you protect your legal rights.
How Long Do I Have to File a Premises Liability Claim in South Carolina?
Every state in the U.S. has laws regarding the allotted amount of time an injured party has to pursue legal action against a negligent party. The legally prescribed time limit that parties have to initial legal proceedings after an injury is known as the statute of limitations. South Carolina’s statute of limitations prevents individuals from being sued after a certain period of time.
Under South Carolina’s statute of limitations, injured parties must file a premises liability claim three years from their accident. However, there are exceptions when claims involve minor children. In addition, if you’re injured on government-owned property, you will have to file your claim under the South Carolina Torts Claims Act within two years of the date of your accident. Also, you must file a Notice of Claim within 90 days of the accident. A Notice of Claim provides the governmental agency before the commencement of a lawsuit that they may be subject to a claim for damages. This allows the agency to investigate the merits of the claim.
What Happens If I Fail to File My Claim Within the Legally Prescribed Time Limit?
While three years may seem like a substantial amount of time to file a claim, the days can swiftly pass as you focus on recovery. Failure to file a premises liability claim within the statute of limitations will result in the absolute bar of recovery. Missing this strict legal deadline means you forfeit your right to legal action. Even if the negligent party is clearly responsible for your damages, you won’t be able to recover any compensation for these losses if you fail to file your claim within the legally prescribed time limit. Therefore, filing your claim within the correct time frame is crucial to protect your legal rights.
If you’ve been hurt on someone else’s property, it’s in your best interest to connect with a dedicated lawyer from the Cockrell Law Firm, P.C., who can help ensure you file your claim within the right time frame.
