South Carolina injury rights, deadlines, and help

Are you in an emergency right now?

• Check yourself and others for injuries, breathing, and bleeding.
• Call 911 if anyone is hurt or the road is not safe.
• Move away from traffic if you can do it safely.
• Get medical care even if you feel fine. Some injuries hide for days.
• This page is for after you are safe.

This page covers South Carolina injury deadlines and what to do right now. We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

Your deadlines at a glance

• Personal injury lawsuit: 3 years. South Carolina's statute of limitations (the legal deadline to file a lawsuit) generally gives you three years from the date of the injury. Source: S.C. Code Section 15-3-530(5) (statute text).
• Work injury, telling your employer: 90 days. For workers' compensation (the insurance system that pays for work injuries), no compensation is generally owed unless the employer gets notice within 90 days, unless you have a reasonable excuse and the employer was not harmed by the delay. Source: S.C. Code Section 42-15-20 (statute text).
• Work injury, filing the formal claim: 2 years. The claim with the South Carolina Workers' Compensation Commission generally must be filed within two years after the accident or death. Occupational disease and repetitive trauma claims have their own clocks tied to diagnosis and knowledge. Source: S.C. Code Section 42-15-40 (statute text).
• Hurt by a government agency: 2 years, or 3 with a filed claim. Under the South Carolina Tort Claims Act (the law for injury claims against the government), a pre-suit verified claim is optional, not required. The lawsuit generally must be filed within two years of discovering the loss, extended to three years if a verified claim was filed first. Source: S.C. Code Section 15-78-110 (statute text).

Warning: don't wait! The 90-day work-injury notice window is a trap. It sounds generous, so people wait to see if the pain fades, and waiting kills cases. The longer you wait, the fuzzier memories get and documents get lost. Collect and save what you can, then talk to an advocate immediately. And important: medical claims can have different, often shorter deadlines. Do not assume the standard rule covers a hospital or doctor case.

Protect your case

1. Report the injury in writing. Tell your employer, the property owner, or the police, depending on what happened. Keep a copy.
2. Save evidence. Take photos, keep receipts, write down names of witnesses, and keep every medical paper.
3. Write down the date of the injury and count your deadlines from it. Put them on a calendar.
4. Talk to an advocate at WeHelpInjured. It is free. Talk to an advocate.

Common situations in South Carolina

Hurt at work

Telling your employer and filing the formal claim are two different steps. The 90-day notice window sounds generous, but waiting invites the argument that your injury came from somewhere else. The two-year claim with the Workers' Compensation Commission is a separate filing.

Many people report the injury and then assume everything is filed. Do not guess about where you stand. Get help reading your own timeline.

Hurt on the road

South Carolina uses modified comparative negligence (a fault-sharing rule), adopted by its courts. Your recovery is reduced by your share of fault, and you generally recover nothing if your fault is greater than the other side's. In plain words, at 51 percent fault you are barred. Source: Nelson v. Concrete Supply Co. (case).

Insurers may push a high fault number onto you, so document everything.

Hurt on someone's property, including dog bites

South Carolina is a strict liability state for dog attacks. The owner is generally liable for a bite or attack in a public place, or while you are lawfully in a private place, without proof the owner knew the dog was dangerous. Provocation is a defense. Source: S.C. Code Section 47-3-110 (statute text).

Photos of the scene and your injuries, plus witness names, still decide these cases, so gather them early.

Talk to an advocate. You do not have to sort out deadlines and lawyers alone.

Never do these

• Never give a recorded statement to an insurance company, even your own. Talk to an advocate first.
• Never admit fault or say "I'm sorry" about the injury. Stick to facts only.
• Never sign a release or accept a first settlement offer without talking to an advocate first. Once you sign, you may not be able to undo it.
• Never post about the injury or your recovery on social media. Insurers use these posts against you.

What we can help with

We are the injured person's advocate. We are on your side, and our help is always free to you.

• We listen to what happened and help you make sense of it.
• We explain your rights and deadlines in plain words.
• We explain what to report, what to save, and what to ask.
• We help you connect with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves.
• We never take money from injured people.

Talk to an advocate. If you or someone you love was hurt in South Carolina, you do not have to figure this out alone. Start the form or open the chat.

Sources

• S.C. Code Title 15, Chapter 3 (personal injury limit, Section 15-3-530)
• S.C. Code Title 42, Chapter 15 (workers' comp notice and claim)
• S.C. Code Title 15, Chapter 78 (Tort Claims Act, Section 15-78-110)
• S.C. Code Title 47, Chapter 3 (dog-bite liability, Section 47-3-110)
• Nelson v. Concrete Supply Co. (comparative negligence)

Last reviewed: 2026-08-17

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.