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What Is the Statute of Limitations in South Carolina?
South Carolina’s statute of limitations is the legal timeframe for a plaintiff to file charges or civil actions for specific crimes or violations. Under South Carolina state laws, you lose legal rights to file legal action after the time limit expires.
The statute of limitations may differ based on the offense type, severity, and other circumstances, like the victim’s age. The discovery rule also affects the time limit. These rules suspend the statute of limitations until the plaintiff discovers the crime. Note that the discovery rule does not apply to all crimes.
How Long Is the Statute of Limitations in South Carolina?
There are different time limits for filing a lawsuit in South Carolina. The statute of limitations may differ based on the type and degree of the offense, the discovery date, and the victim’s physical and mental capacity.
Based on crime type, the statute of limitations for filing civil actions may vary between two and ten years. For example, you may file a claim for personal injury within 3 years of the incident. There is, however, no time limit for filing charges for criminal offenses. This means you may file criminal charges even if the incident occurred decades ago.
The state may suspend or extend the statute of limitations for some civil offenses. The statute of limitations may start counting after the plaintiff discovered the incident. This could occur years after the statute of limitations has elapsed. In addition, Section 15-3-30 suspends the statute of limitations when a defendant leaves the state or evades the court. The state might also extend the time limit if the defendant is below 18 years or legally incapacitated. Note that the duration of the extension may depend on the crime type.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | No time limit | Exceptions may be made if the victim is below 18 years old or mentally incapacitated. |
| Felony | No time limit | Exceptions may be made if the victim is below 18 years old or mentally incapacitated. |
| Infractions | No time limit | |
| Civil Statutes | 2 to 10 years | Exceptions may be made if the victim is below 18 years old or mentally incapacitated. |
What Crimes Have No Statute of Limitations in South Carolina
Generally, all criminal offenses, including infractions, have no statute of limitations. This means defendants may be prosecuted at any time in South Carolina. The list of common criminal offenses in South Carolina includes the following:
- Murder
- Terrorism
- Prostitution
- Reckless driving.
- Fraud.
- Kidnapping.
- Sexual assault.
Criminal Statute of Limitations in South Carolina
The criminal statute of limitations in South Carolina is the legal timeframe for filing charges against suspected offenders. There is no statute of limitations for filing charges in the state. This means plaintiffs may bring charges whenever they have sufficient evidence.
| Type of criminal offense | Deadline |
|---|---|
| Reckless driving | No limit |
| Murder | No limit |
| Sexual assault | No limit |
| Grand theft | No limit |
| Aggravated assault with a deadly weapon | No limit |
Is There a Statute of Limitations on Attempted Murder?
No, there is no statute of limitations on attempted murder in South Carolina. This means victims or plaintiffs may file a criminal charge for such offenses at any time after the incident. Per the state laws, there is no distinction between the statute of limitations for murder and attempted murder.
Statute of Limitations on Sexual Assault in South Carolina
There is no statute of limitations for filing criminal charges for sexual assaults in South Carolina. However, there’s a statute of limitations for filing civil claims for injuries received as a result of sexual assault.
SCCL Section 15-3-555 requires defendants to file the claim within six years after the incident or three years after discovery. Note that sexual assault victims who were minors at the time of the incident must file a civil claim within six years or before their 21st birthday.
Civil Statute of Limitations in South Carolina
The civil statute of limitations in South Carolina refers to the official timeframe in which a plaintiff may file civil claims for civil offenses. The timeframe generally starts when the plaintiff discovers or understands the nature of the incident. In South Carolina, a plaintiff may file civil claims like personal injury, libel/slander, defamation, and property damage.
Note that the civil lawsuits have different deadlines in South Carolina. For instance, you must file a claim for physical injury within three years after discovering the incident. Other examples of civil crimes and statutes of limitations are outlined in the table below:
| Case | Time Limit | The Law |
|---|---|---|
| Injury to a person or personal property | 3 years since the discovery date. | S.C. Code § 15-3-530 |
| Fraud | 3 years since the discovery date. | S.C. Code § 15-3-550 |
| Professional malpractice | 2 to 7 years, depending on the type of malpractice and the victims’ age. | S.C. Code § 15-3-545S.C. Code § 15-3-630 |
| Libel or slander | 2 years since the discovery date. | S.C. Code § 15-3-550 |
| Contracts | 6 to 20 years since the incident date. | S.C. Code § 15-3-530S.C. Code § 36-2-725 |
| Trespass | 3 years since the discovery date. | S.C. Code § 15-3-530. |
| Judgments | 10 years since the incident date. | S.C. Code § 15-3-600 |
| Sexual abuse or incest | Within six years after the victim becomes 21 years old or 3 years from the discovery date. | S.C. Code § 15-3-555 |
| Wrongful death | 3 years since the discovery date. | S.C. Code § 15-3-530 |
Statute of Limitations for Medical Malpractice in South Carolina
The medical malpractice statute of limitations in South Carolina is the timeframe in which you may file civil actions for such incidents. The timeframe may differ based on the type of medical malpractice and the victim’s age at the time of the incident.
Per SCCL Section 15-3-545, you must file civil claims for injuries arising from medical malpractice within three years of the incident or discovery date. Nevertheless, the civil claim must be filed within six years of the incident date.
You must file a claim within two years for damages that result from the medical practitioner leaving an appliance in your body. If the victim was a minor at the time of the incident, they may file charges within seven years after their 18th birthday. In South Carolina, the malpractice claim deadline extends if the victim’s parent or legal guardian was complicit in the failure to file a claim on behalf of the minor.
| Type of Medical Malpractice | Statute of Limitations |
|---|---|
| Accidental leaving of an appliance in the victim’s body | Within two years after the incident or discovery date. Seven years after the victim’s 18th birthday. |
| Misdiagnosis | Within three years after the incident or discovery date. Seven years after the victim’s 18th birthday. |
| Surgical errors | Within three years after the incident or discovery date. Seven years after the victim’s 18th birthday. |
| Prescribing the wrong medication | Within three years after the incident or discovery date. Seven years after the victim’s 18th birthday. |
| Failure to recommend or implement the correct treatment. | Within three years after the incident or discovery date. Seven years after the victim’s 18th birthday. |
| Failure to inform patients of the risks involved | Within three years after the incident or discovery date. Seven years after the victim’s 18th birthday. |
Statute of Limitations for Debt in South Carolina
In South Carolina, the statute of limitations for debt collection is three years. Within this timeframe, creditors may file a lawsuit to legally collect the debt from debtors. However, creditors lose the right to file civil actions once the statute of limitations expires. The debtors may file a petition for the court to dismiss the case if the creditor insists on filing after the specified time limit.
The debt statute of limitations in South Carolina is only revived when the debtor acknowledges the debt in writing or pays any part of the principal or interest. Once a debt is revived, creditors may legally file a lawsuit to reclaim the debt.
| Type of Debt | Statute of Limitations |
|---|---|
| Personal debt | Three years since the incident date. |
| Auto loan | Three years since the incident date. |
| Mortgage | Three years since the incident date. |
| Credit card | Three years since the incident date. |
| Oral contracts | Three years since the incident date. |
Statute of Limitations for Child Abuse and Child Support in South Carolina
South Carolina’s child abuse statute of limitations is the time limit for filing a civil action for such incidents. The statute of limitations generally starts counting after the victim’s age of majority. For injuries as a result of child neglect, the victim may file a civil action within 3 years after their 21st birthday. However, victims of child sexual abuse may file the claims within six years after the incident or the discovery date.
Note that there is no statute of limitations for child support-related cases. The claimant or custodial parent has the right to file lawsuits for unpaid child support until the child’s 18th birthday.