After being injured in an accident, many victims want to pursue a claim to recover damages. One of the first things to understand in that case is the deadline to file.
In South Carolina, most personal injury claims must be filed within three years, but claims against a government entity follow a shorter two-year clock. If you miss either deadline, the claim can be ended no matter how strong it is.
Most personal injury claims in South Carolina are governed by a three-year statute of limitations. This covers common cases like car crashes, dog bites, slip-and-fall injuries, and similar claims.
The clock usually starts on the date of the injury. Three years can feel like a long time, but it takes time to build a strong claim, so it is better to treat the deadline as an outer limit rather than a target.
When the at-fault party is a government entity, a different and shorter rule applies. Claims under the South Carolina Tort Claims Act must generally be filed within two years.
There is also an earlier step. A verified claim for damages may be filed with the entity and must be received within one year of discovery, and filing that claim can extend the suit deadline to three years. A South Carolina personal injury lawyer can help you understand what your deadline may be based on the specific details of your case.
These shorter timelines matter in crashes that involve a city vehicle, a county truck, a public bus, or an injury on government property. These rules differ from an ordinary claim, which is exactly why it is so important to identify a government defendant early.
In most cases, the deadline runs from the date of the accident. However, in some situations the clock starts when the injury was discovered or reasonably should have been discovered.
This discovery concept matters most when harm is not obvious right away. Even so, it is risky to assume a later start date, because the safer course is to treat the date of the incident as the start of the clock.
Even with years on the clock, waiting works against you. Physical evidence disappears, vehicles are repaired or scrapped, surveillance video is overwritten, and witnesses move or forget what they saw.
For example, if a crash took place in Mount Pleasant, on US-17 or the Isle of Palms Connector, it may have had witnesses who scatter quickly and may be difficult to identify later since these are high-traffic areas.
| Type of claim | Deadline | Authority |
|---|---|---|
| Most personal injury claims | Three years from the injury | S.C. Code 15-3-530 |
| Claims against a government entity | Two years (with a one-year verified-claim step) | S.C. Code 15-78-110, 15-78-80 |
The general personal injury statute of limitations is three years from the date of the injury under S.C. Code 15-3-530.
Yes. Claims against a government entity run under the SC Tort Claims Act, which sets a shorter two-year deadline under S.C. Code 15-78-110.
Missing the statute of limitations usually bars the claim entirely, no matter how strong it was, so the deadline is critical.
Yes. Claims against a government entity run under the SC Tort Claims Act, which generally sets a two-year deadline under S.C. Code 15-78-110. If you first file a verified claim with the government entity, that same statute allows the suit deadline to extend to three years.
Wrongful death claims generally must be filed within three years of the date of death under S.C. Code 15-3-530.
Evidence fades, and witnesses move, so starting early protects the claim even though the formal deadline may be years away.
The deadline that applies to your claim depends on who caused the injury, and getting it wrong can be costly. At The Arndt Law Firm, we help injured people in Mount Pleasant and across South Carolina identify the right deadline and act in time.
If you have any doubt after an accident about the timeline or any other legal aspect, we are here to help. You can reach out to our team at (843) 273-8149 to learn more about your possible next steps.
Last reviewed: August 2026
This post was reviewed by Jonathan S. Arndt, licensed in South Carolina since 2018.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Arndt Law Firm. Every case is different; for advice about your situation, speak with a licensed attorney.
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