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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

South Carolina Department of Public Safety
10311 Wilson Boulevard, PO Box 1993
Blythewood, SC 29016


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