What is the personal injury statute of limitations in South Carolina?

1. General Personal Injury

S.C. Code § 15-3-530 imposes a 3-year SOL for personal injury actions.

2. Wrongful Death

S.C. Code § 15-3-530(6) imposes a 3-year SOL for wrongful death from the date of death.

3. Medical Malpractice

S.C. Code § 15-3-545 imposes 3 years from injury (or discovery) with a 6-year statute of repose. Foreign-object cases have 2 years from discovery.

4. Discovery Rule

South Carolina applies the discovery rule generally; the SOL accrues when the plaintiff knew or should have known of the cause of action (True v. Monteith).

5. Minor / Disability Tolling

S.C. Code § 15-3-40 tolls SOL during minority (capped at 7 years tolling for medical malpractice). Mental incapacity also tolls under § 15-3-40.

6. Government Defendant

The South Carolina Tort Claims Act (S.C. Code § 15-78-110) imposes a 2-year SOL (3 years if a verified claim is filed within 1 year of loss). Damages capped at $300,000 per person / $600,000 per occurrence.

7. Product Liability

Subject to the 3-year SOL under § 15-3-535. South Carolina has no statute of repose for products.

8. Equitable Tolling / Fraudulent Concealment

Fraudulent concealment by a defendant tolls the SOL until discovery; equitable estoppel applies in narrow circumstances.

9. Borrowing Statute

S.C. Code § 15-3-560 borrows the SOL of the state where the cause arose for non-resident plaintiffs.

This is legal information, not legal advice.