Deadlines to File an Injury Lawsuit in South Carolina

Three years for assault, battery, or any injury to the person or rights of another not arising from a contract.

Three years for taking, detaining or injuring goods or personal property (such as a car), and three years for trespass on or damage to real property.

Three years from the date of the treatment, omission or operation, or three years from when the injury was or reasonably should have been discovered, but not more than six years from the date of the occurrence. For a foreign object left in the body, the deadline is two years from discovery, but never less than three years after the object was left.

Three years, beginning on the date of death.

Under the South Carolina Tort Claims Act, a claimant may file a verified claim (with the State Fiscal Accountability Authority or the employing agency for the state, or with the political subdivision); if filed, it must be received within one year after the loss was or should have been discovered. A lawsuit must be filed within two years after the loss was or should have been discovered, or within three years if a claim was first filed. Recovery is capped at $300,000 per person and $600,000 per occurrence ($1.2 million for claims caused by government-employed physicians or dentists). Punitive damages and prejudgment interest are not allowed.