South Carolina Statute of Limitations: Filing Deadlines by Case Type

South Carolina sets specific time limits for filing both civil lawsuits and criminal charges. Understanding these deadlines is critical because missing them can permanently bar your right to seek justice in court.

This guide covers every major category of South Carolina statute of limitations, from personal injury and contract disputes to criminal offenses. Each deadline listed below references the specific South Carolina Code section that controls it.

South Carolina Civil Statute of Limitations

South Carolina law requires that all civil actions be filed within prescribed time periods after the cause of action accrues. These deadlines are found in Title 15, Chapter 3 of the South Carolina Code of Laws.

If you miss the filing deadline, the defendant can raise the statute of limitations as an affirmative defense. The court will then dismiss your case, and you will lose your legal claim permanently.

When Does the Clock Start?

For most civil claims in South Carolina, the statute of limitations begins on the date of the injury or event that gives rise to the lawsuit. However, South Carolina also follows the "discovery rule" for certain types of claims. Under this rule, the clock does not start until the injured party knows or should have known (through reasonable diligence) that they have a cause of action.

The discovery rule is especially important in cases involving medical malpractice, fraud, and latent injuries where the harm may not be immediately apparent.

Personal Injury Claims (3 Years)

Under S.C. Code Section 15-3-530(5), you have three years to file a personal injury lawsuit in South Carolina. This applies to a wide range of claims, including:

• Car accidents and motor vehicle collisions
• Slip and fall injuries
• Dog bites
• Assault and battery
• Negligence claims

The three-year period typically begins on the date of the injury. However, if you did not discover the injury right away, the discovery rule under S.C. Code Section 15-3-535 may apply, starting the clock from the date you knew or should have known about the harm.

Wrongful Death (3 Years)

Under S.C. Code Section 15-3-530(6), a wrongful death action must be filed within three years. The clock begins running on the date of the deceased person's death, not the date of the act or omission that caused it.

South Carolina's wrongful death statute (S.C. Code Sections 15-51-10 through 15-51-60) governs who may bring these claims and what damages are recoverable.

Property Damage Claims (3 Years)

S.C. Code Section 15-3-530(3) and (4) establish three-year deadlines for property-related claims:

Property Claim Type	Time Limit	Code Section
Trespass on real property	3 years	Section 15-3-530(3)
Damage to real property	3 years	Section 15-3-530(3)
Taking or detaining personal property	3 years	Section 15-3-530(4)
Injury to goods or chattels	3 years	Section 15-3-530(4)

The clock starts on the date the damage occurred or was discovered.

Defamation and False Imprisonment (2 Years)

S.C. Code Section 15-3-550 sets a two-year statute of limitations for:

• Libel (written defamation)
• Slander (spoken defamation)
• False imprisonment (unlawful detention)

For defamation claims, the two-year period begins on the date the defamatory statement was first published or communicated. For false imprisonment, it starts on the date of the unlawful detention.

Fraud (3 Years)

Under S.C. Code Section 15-3-530(7), fraud claims must be filed within three years. The discovery rule is particularly relevant here, as fraudulent schemes are often concealed. The clock starts when the injured party discovers (or should have discovered through reasonable diligence) that fraud occurred.

Contract Disputes

South Carolina applies different time limits depending on the type of contract involved:

Contract Type	Time Limit	Code Section
Sealed instruments (under seal)	20 years	Section 15-3-520
Written contracts (unsealed)	3 years	Section 15-3-530(1)
Oral contracts	3 years	Section 15-3-530(1)
Sale of goods (UCC)	6 years	Section 36-2-725

Sealed instruments carry the longest filing period at 20 years under S.C. Code Section 15-3-520. However, courts interpret what qualifies as a "sealed instrument" strictly. Generic boilerplate language alone is not enough to invoke the 20-year period.

Unsealed written contracts and oral contracts fall under the standard three-year rule of S.C. Code Section 15-3-530(1).

Sale of goods contracts governed by the Uniform Commercial Code have a six-year limitations period under S.C. Code Section 36-2-725. This applies to product liability claims based on breach of warranty as well.

Medical Malpractice (3 Years with 6-Year Cap)

South Carolina medical malpractice claims are governed by S.C. Code Section 15-3-545, which creates a specific framework:

General rule: File within three years of the date of the treatment, omission, or operation that caused the injury, or within three years of discovering the injury, whichever is later. In no case may a claim be filed more than six years after the date of the treatment.

Foreign objects left in the body: If a medical provider accidentally left a foreign object inside your body, you have two years from the date you discover (or should have discovered) the object. However, you always have at least three years from the date the object was left inside you.

Key points about medical malpractice deadlines:

• The discovery rule applies, so the clock may not start until you learn of the injury.
• The six-year outer limit is an absolute cap, regardless of when you discover the harm.
• These provisions apply only to causes of action that arose after June 10, 1977.

Construction Defects and Professional Design (8-Year Statute of Repose)

South Carolina has a statute of repose for construction-related claims under S.C. Code Sections 15-3-640 through 15-3-670. This is separate from and in addition to the standard statute of limitations.

The rule: Any lawsuit based on a defective or unsafe condition of an improvement to real property must be brought within eight years after substantial completion of the improvement.

What counts as "substantial completion"?

• For new construction: the date a certificate of occupancy is issued
• For modifications to existing structures: the date of the final inspection
• The owner and contractor may agree on a different date of substantial completion

Who does this apply to? Architects, engineers, contractors, subcontractors, and any professionals involved in the design, planning, or construction of improvements to real property.

Exceptions: Under S.C. Code Section 15-3-670, the statute of repose does not protect anyone guilty of fraud, gross negligence, recklessness, or concealment of a cause of action.

Sexual Abuse or Incest (Extended Deadline)

S.C. Code Section 15-3-555 provides a longer filing window for victims of sexual abuse or incest:

• Six years after the victim turns 21, OR
• Three years from the date the victim discovers the injury and its connection to the abuse

Whichever deadline occurs later controls. Parental immunity is not a defense in these cases.

Pending legislation: As of 2026, South Carolina House Bill 148 and House Bill 5203 have been introduced to further extend these deadlines, particularly for childhood sexual abuse claims in bankruptcy proceedings. These bills are currently under review by the House Judiciary Committee.

Government Claims (2 Years)

The South Carolina Tort Claims Act (S.C. Code Section 15-78-110) imposes a two-year statute of limitations for lawsuits against state and local government entities.

• Standard deadline: Two years from when the loss was or should have been discovered.
• Extended deadline: If you previously filed an administrative claim that was denied, you have three years from discovery to file suit.

All government claims must be filed in the circuit court of the county where the act or omission occurred.

Workers' Compensation (2 Years)

Under S.C. Code Section 42-15-40, workers' compensation claims must be filed within two years of the workplace accident. If the injury resulted in death, the two-year period runs from the date of death.

For occupational disease claims, the two-year clock does not begin until the employee receives a definitive diagnosis and is notified of it.

You must also report your workplace injury to your employer within 90 days of the accident.

Judgments (10 Years)

Under S.C. Code Section 15-39-30, a judgment in South Carolina remains enforceable for 10 years from the date of entry. After 10 years, the judgment expires and can no longer be executed. South Carolina courts have held that this 10-year period is strictly enforced with no exceptions or extensions.

Complete Civil Statute of Limitations Table

Claim Type	Time Limit	Code Section
Personal injury	3 years	Section 15-3-530(5)
Wrongful death	3 years	Section 15-3-530(6)
Trespass or damage to real property	3 years	Section 15-3-530(3)
Injury to personal property	3 years	Section 15-3-530(4)
Libel, slander, or false imprisonment	2 years	Section 15-3-550
Fraud	3 years	Section 15-3-530(7)
Written contracts (unsealed)	3 years	Section 15-3-530(1)
Oral contracts	3 years	Section 15-3-530(1)
Sealed instruments	20 years	Section 15-3-520
Sale of goods (UCC)	6 years	Section 36-2-725
Medical malpractice	3 years (6-year cap)	Section 15-3-545
Sexual abuse or incest	6 years after age 21 or 3 years from discovery	Section 15-3-555
Workers' compensation	2 years	Section 42-15-40
Government tort claims	2 years	Section 15-78-110
Construction defects (statute of repose)	8 years from completion	Section 15-3-640
Enforcement of judgments	10 years	Section 15-39-30
Sheriff or coroner liability	3 years	Section 15-3-540
Statutory penalties or forfeitures	3 years	Section 15-3-540

South Carolina Criminal Statute of Limitations

South Carolina is one of only two states in the country (the other being Wyoming) that has no criminal statute of limitations for any offense. This applies to all crimes, from minor misdemeanors to the most serious felonies.

What This Means in Practice

Prosecutors in South Carolina can bring criminal charges at any time, regardless of how many years have passed since the alleged offense. There is no distinction between:

• Felonies (murder, armed robbery, sexual assault, drug trafficking)
• Misdemeanors (simple assault, petty theft, disorderly conduct)

Both categories can be prosecuted indefinitely.

Why South Carolina Has No Criminal Statute of Limitations

Unlike most states that impose time limits on prosecution to protect defendants from stale evidence and fading memories, South Carolina's legislature has never enacted such limitations. The state's position is that criminal conduct should remain prosecutable regardless of the passage of time.

Practical Limitations on Old Cases

While there is no legal barrier to prosecution, older cases face practical challenges:

• Physical evidence may degrade or be lost over time
• Witnesses may become unavailable or their memories may fade
• Prosecutors must still prove guilt beyond a reasonable doubt
• Courts may consider delays in prosecution when evaluating the fairness of a trial

As a result, while the law permits charges at any time, many older cases are never pursued because the evidence is insufficient to secure a conviction.

Tolling Provisions: When the Clock Pauses

South Carolina law includes several situations where the statute of limitations clock is paused (or "tolled"), effectively giving the plaintiff more time to file:

Minors (S.C. Code Section 15-3-40)

If the injured person is a minor (under 18) when the cause of action accrues, the statute of limitations is tolled. The minor has until one year after turning 18 to file suit, or until the standard limitations period expires, whichever provides more time.

Mental Disability (S.C. Code Section 15-3-40)

If a person has a mental condition or disability that prevents them from understanding their legal rights at the time the cause of action accrues, the statute of limitations is tolled until the disability is lifted. The disability must exist at the time the cause of action first arises.

If a person has multiple disabilities at the time the cause of action accrues, the limitations period does not begin until both disabilities are removed (S.C. Code Section 15-3-60).

Defendant Absent from the State (S.C. Code Section 15-3-30)

If the defendant is outside South Carolina when the cause of action accrues, the statute of limitations does not begin to run until the defendant returns to the state. If the defendant leaves the state after the cause of action accrues and remains away for one year or more, that time away is not counted toward the limitations period.

Contractual Limitations Are Void

Under S.C. Code Section 15-3-140, any contract clause that attempts to shorten the statute of limitations below the period set by law is void and unenforceable. This protects plaintiffs from unknowingly agreeing to shorter deadlines.

Important Exceptions and Special Rules

Discovery Rule

For claims governed by the discovery rule, the statute of limitations does not begin until the plaintiff knows or should have known (through reasonable diligence) about the injury and its cause. This rule applies to:

• Medical malpractice (Section 15-3-545)
• General personal injury (Section 15-3-535)
• Fraud (Section 15-3-530(7))

Continuing Violation Doctrine

In some cases involving ongoing harmful conduct, the statute of limitations may restart with each new act of harm. This can apply in employment discrimination, environmental contamination, and similar claims.

Equitable Tolling

South Carolina courts have recognized equitable tolling in limited circumstances where the defendant's conduct prevented the plaintiff from filing on time, such as through active concealment or fraud.