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What is the statute of limitations in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

South Carolina civil limitations are codified in S.C. Code Ann. Title 15, Chapter 3.

1. Personal Injury — 3 Years

S.C. Code Ann. § 15-3-530(5): Actions for the following must be commenced within 3 years after the cause of action shall have accrued: (5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law.

2. Written Contract — 3 Years

S.C. Code Ann. § 15-3-530(1): An action upon a contract, obligation, or liability, express or implied — 3 years. Sealed instruments: 20 years (§ 15-3-520).

3. Oral Contract — 3 Years

Same 3 years under § 15-3-530(1).

4. Property Damage — 3 Years

S.C. Code Ann. § 15-3-530(3)-(4): Actions for trespass upon or damage to real property; actions for taking, detaining, or injuring goods or chattels — 3 years.

5. Fraud — 3 Years (Discovery Rule)

S.C. Code Ann. § 15-3-535: All actions initiated under § 15-3-530(5) (and others) must be commenced within 3 years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action.

6. Medical Malpractice — 3 Years / 6-Year Repose

S.C. Code Ann. § 15-3-545(A): Any action to recover damages for injury to the person arising out of any medical, surgical, or dental treatment shall be commenced within 3 years from the date of treatment, omission, or operation, OR 3 years from the date of discovery or when discovery should have been made, but in no event more than 6 years from date of occurrence. Foreign objects: 2 years from discovery, no repose.

7. Wrongful Death — 3 Years

S.C. Code Ann. § 15-3-530: Wrongful death — 3 years (general personal injury statute).

8. Other Notable Periods

  • Defamation: 2 years (S.C. Code Ann. § 15-3-550).
  • Judgments: 10 years (S.C. Code Ann. § 15-39-30).
  • UCC sale of goods: 6 years in South Carolina (S.C. Code Ann. § 36-2-725 — varies; default is 4 but SC uses 6 in some readings — confirm; original UCC is 4 years).
  • South Carolina Tort Claims Act: 2 years for verified claim; 3 years if filed within 1 year of accrual (S.C. Code Ann. § 15-78-110).
  • Improvements to real property: 8-year repose (S.C. Code Ann. § 15-3-640).

    • 9. Tolling

    S.C. Code Ann. § 15-3-40 tolls for minority (under 18) and mental incompetence, with cap.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have a claim under the SC Tort Claims Act with verification requirements
    • Your medical malpractice case is approaching the 6-year repose
    • You have a sealed contract (20-year period)
    Related Statutes & Laws
    • S.C. Code Ann. § 15-3-530
    • S.C. Code Ann. § 15-3-535
    • S.C. Code Ann. § 15-3-545
    • S.C. Code Ann. § 15-3-520
    • S.C. Code Ann. § 15-78-110

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.