What is the statute of limitations?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the statute of limitations?
My son had a traumatic
accident. A gunshot would to
the lower face. The
rebuilding of his jaw with
titanium was performed. The
pain was horrible, he was in
ICU. The next day, the
titanium BROKE. Yes, that’s
right, the plastic surgeon
had to come and tell me,
after removing the defective
material, that, yes, indeed,
the material had broken and
even told us the purchasing
department had ordered low
cost material from China.
The pain was horrific. After
removal, he contracted
bacterial pneumonia that put
him back on the ventilator
once again. More to the
story, but I feel my son was
cheated out of sooooo much.
Please advise.
Asked on September 6, 2019 under Malpractice Law, South Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The statute of limitations for filing a lawsuit in a personal injury case in South Carolina is three years. This means the lawsuit must be filed prior to the third anniversary of the defective titanium being used to rebuild your son's jaw.
If the case is settled, no lawsuit is filed.
If the case is not settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights in the matter forever.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.