SPINE & SPINAL CORD INJURY

There are time limits on bringing a personal injury lawsuit in the state of South Carolina known as statutes of limitations. See S.C. Code §§ 15-3-530(5); 15-3-535. While a personal injury suit is generally subject to a three year statute of limitations, there may be exceptions depending on the circumstances, such as a medical malpractice case where the negligent conduct may be covered by a concept known as the “discovery rule.” See S.C. Code § 15-3-545. The statutes of limitations are different for negligence suits against a South Carolina state government agency pursuant to the South Carolina Tort Claims Act (“TCA”) and the federal government pursuant to the Federal Tort Claims Act (“FTCA”). Under the TCA, a suit must generally be filed within two years, unless a verified claim is filed within a year of the injury, then the statute of limitations is three years. S.C. Code § 15-78-110. Under the FTCA, an administrative tort claim must generally be presented to the subject federal agency within two years. Once a timely administrative tort claim has been filed, there is no statute of limitations on bringing a suit unless the federal agency denies the claim, in which case a suit must be brought in federal court within six months after the denial. 28 U.S.C. §§ 1346(b), 1402, 2401, 2675.

The Joe Griffith Law Firm is a Charleston County, South Carolina (SC) law firm that concentrates on personal injury and wrongful death claims, and handles spine injury, spinal cord injury, paralysis and quadriplegia cases. JGLF's will investigate the facts, assess your claim, determine which parties and insurance companies are to be held responsible, organize all of the details of your case and pursue it vigorously in settlement negotiations or at trial. If you believe that you or a loved one may have a personal injury or wrongful death case, please contact the Joe Griffith Law Firm.