Every auto accident victim should be made aware of the car accident stature of limitations in North Charleston. Failure to do so could cause their prospective injury case from being tossed out by the court. As a result, to avoid having a case negatively impacted by the statute of limitations, it is recommended to get in touch with a legal professional for guidance and advice.
What is the Statute of Limitations in North Charleston for Car Accident Cases?
The statute of limitations is the timeline for which a victim is able to press charges against an at-fault party. For North Charleston car accident cases, this deadline to file a claim is typically three years starting from the date of the accident. If the victim does not file a claim for damages within those three years, they may lose their right to ever bring forth a lawsuit for that specific accident and they could miss out on their right to recover for their damages no matter how valid or irrefutable their claim may be.
How is the Statue of Limitations Calculated?
The Statute of limitations is established by the State legislature. For typical car accident cases, the deadline is usually within three years from the date of the accident. However, the statute of limitations for car accidents in North Charleston is known to shift depending on who the at-fault party is. For example, if the at-fault party is a government entity, the statute of limitations could be as short as one to two years from the date of the accident. There may be other requirements outside of bringing forth a claim within that timeline. As a result, victims should always speak with a legal professional in the days following an accident to prevent their case from becoming barred by the statute of limitations.
Are There any Exceptions to the Statute of Limitations?
In cases involving minors under the age of 18 or individuals who are considered not of able mind, the statute of limitations may be more lenient in their favor. For minors, the statute of limitations may begin to run once they turn 18. After that, they would have three years to file an accident. For someone who has some sort of mental disability, the statute of limitations would vary on whether they have a guardian or someone who can help them understand the scope of their situation. As such, the statute of limitations would be tolled until they are capable of seeking damages.
Speak with a Professional Lawyer Today
Depending on the details of your case, the car accident statute of limitations in North Charleston could greatly impact your ability to obtain compensation. To avoid having your case barred by this deadline to file, be sure to get in touch with a skilled attorney for help. By talking to a lawyer, you will be better prepared to file a claim long before the statute of limitations expires.