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South Carolina Statute of Limitations

Pennsylvania Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What is statute of limitations? A statute of limitation is a common law leOKl system that sets forth the maximum time period after certain events such as a wrongful death that leOKl proceedings may be initiated.

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South Carolina statutes of limitations

  • For negligence – The limitations period for most personal injury, products liability, and negligence claims is three years
  • For medical malpractice – Against health care providers = within 3 yrs. of date of injury or when injury was or should have been discovered. May not file more than 6 yrs. after date of injury; minors (under 18) = cannot be tolled more than 7 yrs. after act giving rise to the injury nor can it be tolled more than 1 yr. after turning 18. Actions based on insertion of a foreign object = within 2 yrs. after foreign object is or should have been discovered (limitations period shall not be less than 3 yrs. after placement of object into plaintiff’s body)
  • For product negligence – 3 years after suffering injury
  • For wrongful death – 3 years of (D.O.D)
  • For survival – The general rule is that the limitations period for survival actions is 3 years for actions arising or accruing on or after April 5, 1988, and 6 years for actions arising or accruing before April 5, 1988. The running of any statute of limitations on a cause of action belonging to a decedent which had not been barred as of the date of his death is suspended during the 8 months following the decedent's death but resumes thereafter unless otherwise tolled

South Carolina’s cap on damage awards

For Medical Malpractice - Liability cap of $250,000 on general torts, but a $1 million cap on losses caused by the tort of a physician or dentist

For Product Liability – Liability cap of $250,000 on general torts

For Pharmaceutical Cases – See damages for medical malpractice

South Carolina has no limitations on attorney fees

South Carolina minor tolling - Except in cases of medical malpractice or wrongful death, minors have one year from the date of their 18th birthday to file suit

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Local Trial Lawyers
South Carolina Trial Lawyers Association
PO Box 11557
1901 Garden Street
Columbia, SC 29211
803-799-5097
http://www.sctla.org/sc/index/cfm

South Carolina Department of Public Safety
10311 Wilson Boulevard, PO Box 1993
Blythewood, SC 29016
803-896-7920
http://www.schp.org

 

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