Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A South Carolina family has the same three years the injured person would have had.

Three years

Personal injury claims, and wrongful death claims in the same way, have three years under S.C. Code 15-3-530.

Medical malpractice

Malpractice claims have special rules in 15-3-545; summaries describe three years from treatment or death, or from discovery if less than six years from treatment.

Government defendants

Under the Tort Claims Act, an action is barred unless commenced within two years after the loss was or should have been discovered, and within three years if the claimant first filed a claim under the act.

Court approval and filing

Any person bringing a wrongful death or survival action outside the probate court must notify the probate court within ten days after filing, under section 15-51-41.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Carolina's rules apply to your specific case with a licensed South Carolina attorney.