Under South Carolina Code § 15-3-530, you generally have three years from the date of the injury, or from the date you discovered (or reasonably should have discovered) the injury, to file a personal injury lawsuit related to nursing home abuse or neglect. Wrongful death claims also carry a three-year deadline, which begins running on the date of the victim’s passing.
There is an important exception: if the case involves a government-operated facility, the South Carolina Tort Claims Act may impose a shorter two-year deadline, and a Notice of Intent to File Suit could be required before you can proceed.
Three years may sound like a long time, but critical evidence in elder abuse cases disappears quickly. Staffing records get overwritten, surveillance footage is deleted on a rolling cycle, and medical charts can be altered. Contacting an attorney as soon as you suspect abuse or neglect gives your legal team the best chance to preserve the evidence that will make or break your case.