Calculate accurate filing deadlines for various causes of action in South Carolina. This tool provides statute citations, legal notes, and important deadline information for your case.
Statute may be tolled until age of majority
Statute may be tolled due to disability
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June 16, 2028
South Carolina’s statute for personal injury claims is three years. The cause of action accrues when the harm and its cause are or should be discovered by the plaintiff (per the discovery rule codified at § 15-3-535). This generally aligns accrual with the date of injury unless the injury was not immediately apparent. If the person entitled to sue is a minor or legally insane at the time of accrual, § 15-3-40 tolls the statute up to 5 years or until one year after the disability ends, whichever is shorter (SC limits tolling in that way for most actions). Note: for med mal or certain other actions, see separate provisions (like the med mal repose).
Last reviewed 6/9/2025
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Cause of Action | Statute of Limitations | Discovery Rule | Statute of Repose | Legal Citation |
---|---|---|---|---|
Personal Injury | 3 years | Yes | — | S.C. Code Ann. § 15-3-530(5) |
Wrongful Death | 3 years | No | — | S.C. Code Ann. § 15-3-530(6); § 15-51-20 |
Property Damage | 3 years | Yes | — | S.C. Code Ann. § 15-3-530(3) |
Breach Of Written Contract | 3 years | No | — | S.C. Code Ann. § 15-3-530(1) |
Breach Of Oral Contract | 3 years | No | — | S.C. Code Ann. § 15-3-530(1) |
Defamation | 2 years | No | — | S.C. Code Ann. § 15-3-550(1) |
Medical Malpractice | 3 years | Yes | 6 years | S.C. Code Ann. § 15-3-545(A) |
Consumer Debt | 3 years | No | — | S.C. Code Ann. § 15-3-530(1) |
Written Contract | 3 years | Yes | 8 years | S.C. Code Ann. § 15-3-530(1):contentReference[oaicite:292]{index=292} |
Oral Contract | 3 years | Yes | 8 years | S.C. Code Ann. § 15-3-530(1):contentReference[oaicite:305]{index=305} |
Common questions about South Carolina statutes of limitations
The shortest deadline in South Carolina is 2 years for defamation (libel/slander) claims, while the longest is 3 years for oral contract disputes. Missing these cut-offs—even by a day—can permanently bar recovery.
Note: South Carolina also enforces statutes of repose, which create an absolute bar after a set number of years, regardless of when the injury is discovered. Our calculator flags these where applicable.
A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. In South Carolina, these time limits vary by the type of claim or offense.
Missing a filing deadline can permanently bar your claim, regardless of its merit. This calculator helps you determine the deadline for your specific case, but always consult with a qualified attorney for legal advice.
For more information about South Carolina law, visit the official South Carolina courts or legislature website.