When you lose a loved one through an accident or someone’s negligence, you have a limited amount of time to claim wrongful death compensation. This deadline to file a claim is called a statute of limitations.
Our experienced Greenville wrongful death lawyer at Bobby Jones Law explains what you need to know about the South Carolina wrongful death statute of limitations.
What Is the Statute of Limitations for Wrongful Death in SC?
The statute of limitations for wrongful death in South Carolina is three years. The time limit is measured from the time of the person’s death. When the defendant is a unit of government, the deadline is two years, extended to three if the plaintiff timely files a verified claim.
Understanding the Wrongful Death Statute of Limitations
The statute of limitations is a time limit for starting a legal claim. Here’s what you should know about the statute of limitations for wrongful death in SC:
- When you lose a loved one, you may have the right to monetary compensation, but you have a limited amount of time to claim it.
- The statute of limitations is a law passed by the legislature. It’s an arbitrary deadline, based on what lawmakers thought was best.
- Usually, the statute of limitations is unforgiving. If you miss the deadline, the case will probably be dismissed. There are narrow exceptions, such as if the discovery of the cause of death is delayed or if the beneficiary is under a disability at the time the claim accrues.
- Once you file a case on time, the amount of time it takes to resolve the claim may vary. The statute of limitations is a deadline for starting a case, not for finishing it. Once the plaintiff begins the case, the court will create a case calendar to ensure timely progress.
The question of whether the plaintiff has met the statute of limitations doesn’t depend on the merits of the case. If there is a dispute, the court determines only if the plaintiff has met the deadline.
Statutes of limitations vary based on the:
- Type of case: Personal injury, trespassing, contract dispute, etc.
- Defendant: Private party or government
- Jurisdiction: South Carolina or another state
When you have a case, you must evaluate what time limit applies based on these factors. Even within South Carolina, the statute of limitations can vary by case type and the defendant’s status.
Don’t assume that it’s too late to file a wrongful death claim without talking to a lawyer. But don’t wait to contact a lawyer. It can be confusing which deadline applies. In addition, you may need additional time to file for the appointment of a personal representative. A lawyer can work quickly to protect your legal rights.
When Does the Filing Deadline Begin?
For wrongful death in South Carolina, the filing deadline begins to run upon the victim’s death.
Special Rules for Claims Against Government Entities
When a claim is against a government entity, the timelines are shorter. South Carolina wrongful death claims against government entities must be filed within two years of the person’s death. Except that if a person files a verified notice of claim, they have a total of three years to start the case with the court.
There may be a government defendant in your case, even if you don’t realize it initially. Examples include situations in which a medical care facility is owned by the government or in which road design contributed to an accident. With a different process for government claims, contact a lawyer as soon as possible.
What Happens If You Miss the Filing Deadline?
If you miss the filing deadline for a South Carolina wrongful death case, the defense will likely raise the issue with the court. Without even hearing the merits of the claim, the court will determine if you missed the deadline. If they agree with the defendant that you did, the court will dismiss the entire case.
If the statute of limitations sounds harsh, you’re right. The rule can be unforgiving at a time when families are grieving and needing financial relief. It’s always best to contact a lawyer as soon as possible.
When the South Carolina wrongful death statute of limitations applies
The wrongful death statute of limitations for SC applies to claims for compensation based on the wrongful act, neglect, or default of another, resulting in death. These are claims brought under S.C. Code § 15-51-10 et. seq.
Is a wrongful death claim a continuation of a personal injury claim?
In South Carolina, a wrongful death claim is a new cause of action and legal right that accrues on the victim’s death. It is not a continuation of personal injury. However, defenses still apply that could have applied to a personal injury claim had the decedent lived. See Claussen v. Brothers, 148 S.C. 1 (1928), Wellman v. Bethea, 243 F. 222 (E.D.S.C. 1917).
Cases about the South Carolina statute of limitations for wrongful death
Weaver v. Lentz, 248 S.C. 672 (Ct. App. 2002). The parties disagreed about whether the wrongful death statute of limitations or the health care provider statute of limitations applied. The court said that the death itself was notice of a possible claim, and either statute of limitations could apply.
Garner v. Houck, 312 S.C. 481 (1993). The court allowed a possible extension to the statute of limitations because an autopsy did not reveal the cause of death until several days after the person’s death. The court said that when there is conflicting evidence regarding discovery, the jury should decide the statute-of-limitations issue.
How a Greenville Wrongful Death Lawyer Protects Your Claim
A Greenville wrongful death lawyer protects your claim by:
- Identifying the statute of limitations.
- Looking at all avenues to claim compensation.
- Drafting legal documents, then filing and serving them in a timely manner.
- Responding to allegations that you missed the time limit.
- Evaluating any tolling or narrow exceptions that may apply (Don’t assume you qualify for an exception. Get legal help right away).
- Identifying issues that may be important to your case.
- Filing your claim before time runs out.
If you have lost a loved one, we are sorry. We invite you to contact Bobby Jones Law. Robert “Bobby” Jones is an experienced wrongful death lawyer. He handles cases in Greenville, SC, and the surrounding areas. Call or message us now.
