South Carolina injury rights, deadlines, and help

If you got hurt in South Carolina, the first thing to know is how much time you have to act. This page explains South Carolina's main injury deadlines, the steps to take first, and how to get free help from people on your side.

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).

One more caution: medical claims can have different, often shorter deadlines. If a doctor or hospital hurt you, treat the clock as urgent and get advice early.

What to do first

Get medical care right away, even if the injury seems small. Your health comes first, and the record matters later.
Report the injury in writing. Tell your employer, the property owner, or the police, depending on what happened. Keep a copy.
Save evidence. Take photos, keep receipts, write down names of witnesses, and keep every medical paper.
Write down the date of the injury and count your deadlines from it. Put them on a calendar.
Do not sign anything from an insurance company before you understand your full costs.
Talk to someone who is on your side before you make big decisions.

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.

A real story: they settled for $1,100, the surgery cost $20,000

On June 8, 1988, Phyllis Gossinger slipped and fell on soapy water that had flooded the bathroom of the Honolulu apartment she and her husband rented. The ER doctor said her back strain "would take a long time to heal." The very next day, with no advocate involved, the couple wrote their own demand letter asking for $2,507. Three days later an insurance adjuster met with them, and they settled for $1,100 and signed a release the insurer drafted, giving up all claims for injuries known and unknown, forever. About a year later doctors found a herniated disc that needed surgery. The medical bills alone passed $20,000. The courts held them to the release they had signed, and Hawaii's highest court affirmed in 1992. They kept the $1,100 and ate the rest. Source: Gossinger v. Association of Apartment Owners of the Regency.

Her story happened in Hawaii, but the same releases cross every adjuster's desk in South Carolina. Never sign an insurance release days after an injury, because a "known and unknown injuries" release is final even if your injury turns out far worse than anyone thought. The system is unforgiving, and that is exactly why having someone on your side matters.

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 help you get organized: what to report, what to save, what to ask.
We point you to the right licensed help, whether that is medical care, therapy, state benefits, or a lawyer when one is needed.
We never take money from injured people.

Tell us what happened

If you or someone you love was hurt in South Carolina, you do not have to figure this out alone. Tell us what happened and we will help you understand your next step. It is free, and there is no pressure.

Sources

Last reviewed: 2026-08-16

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.