How soon should I file a claim? When is it no longer valid? How can I make sure I get the compensation I deserve?
The personal injury attorneys at Lesemann & Associates are here to let you know more about the statute of limitations and how it affects your injury claim.
The statute of limitations dictates the timeframe within which legal action must be initiated after an injury occurs. The statute of limitations for personal injury claims in South Carolina is generally three years from the date of the accident or incident. However, several exceptions modify this rule:
Injuries with Delayed Discovery: If an injury is not immediately evident, the statute of limitations begins on the day it is diagnosed. For instance, certain head, neck, and back injuries may only become apparent weeks or even months after the incident.
Minors: Individuals who were minors at the time of the injury have until one year after turning 18 to file a claim. This provision allows minors extra time to bring a lawsuit once they reach adulthood.
Mentally Incapacitated Victims: Victims suffering from mental incapacity have up to five years after the accident to initiate legal action. This accommodation recognizes the challenges these individuals face in understanding and pursuing their legal rights promptly.
Governmental Defendants: Claims against governmental entities, such as county hospitals or local police departments, must be filed within two years. This shorter timeframe acknowledges the need for expedited claims against public entities.
Time is of the essence when pursuing a personal injury claim in Charleston. Immediate action can significantly impact your case in several critical ways:
Preserving Evidence: Acting swiftly ensures crucial evidence, such as accident details, witness accounts, and medical records, is collected and preserved effectively. This strengthens your case against the responsible party.
Protecting Legal Rights: Consulting with a Charleston personal injury attorney without delay safeguards your legal rights. They provide essential guidance on filing deadlines and procedural requirements, preventing potential complications.
Maximizing Compensation: Early involvement allows your attorney to accurately assess damages, negotiate with insurance providers, and advocate for fair compensation. Delaying action could diminish the potential settlement amount.
At Lesemann & Associates, our Charleston personal injury lawyers are dedicated to assisting you at every stage of your claim:
Investigation: We investigate the circumstances of your injury thoroughly.
Assessment: We assess the full extent of your injuries and resulting damages.
Negotiation: We negotiate tirelessly with insurance companies on your behalf to secure a fair settlement.
Litigation: Should negotiations fail, we advocate for your rights in court, striving for a favorable outcome.
Don’t risk missing out on the compensation you deserve. Contact Lesemann & Associates today to schedule a consultation with our experienced attorneys. We are committed to helping you through the legal process effectively and get the best possible outcome for your personal injury claim.
