Can I Sue for an Old Injury?

Yes, in some situations, you may be able to sue for an old injury in South Carolina, but your ability to do so is governed by a strict legal deadline. The key factors are the state’s statute of limitations and specific exceptions, such as when the injury was discovered. Understanding these rules can help you determine whether you can still seek compensation for harm caused by someone else’s actions, even if the incident happened years ago.

While every case is unique, the law does provide pathways for holding the responsible party accountable, even after significant time has passed.

Key Takeaways about Suing for an Old Injury

• A person’s ability to file a lawsuit for a past injury is primarily controlled by South Carolina’s statute of limitations, which sets a firm deadline.
• The “discovery rule” is a significant exception that can allow a lawsuit to proceed if an injury was hidden or not reasonably discoverable until a later date.
• Certain conditions, such as the injured person being a minor at the time of the incident, can pause or “toll” the statute of limitations deadline.
• Successfully pursuing a claim for an old injury requires strong evidence, particularly medical records that connect the current condition to the original event.
• An evaluation by a legal professional is often necessary to determine how these complex legal rules apply to the specific facts of an individual’s situation.

What if I Didn’t Know I Was Injured Right Away? The Discovery Rule

Sometimes, the full extent of an injury isn’t obvious right after an accident. You might walk away from a car wreck on the Mark Clark Expressway feeling just a bit sore, only to be diagnosed with a serious spinal injury months later. What happens to the three-year clock in cases like these? This is where a crucial exception known as the “discovery rule” comes into play.

The discovery rule changes when the statute of limitations clock starts ticking. Instead of starting on the date of the accident, the clock begins on the date that you discovered your injury, or the date you reasonably should have discovered it through due diligence. “Due diligence” simply means taking the reasonable steps a person would take to look after their health, like seeing a doctor for persistent or unusual pain.

Let’s consider a couple of examples:

• A Slip and Fall: Imagine you slip on a wet floor at a Charleston-area restaurant. You feel embarrassed and have a minor bruise, so you don’t seek medical attention. Six months later, you develop severe back pain that prevents you from working. An MRI reveals a herniated disc that your doctor directly attributes to the fall. Under the discovery rule, the three-year clock might start from the date of your diagnosis, not the date of the fall.
• A Defective Product: You use a household product for years without issue. Later, you are diagnosed with a chronic illness. If it is later revealed through public reports or medical studies that the product’s chemical composition is linked to your specific illness, the discovery rule could mean your three-year window to file a claim begins when you learned (or should have learned) of this connection.

The “should have discovered” part of this rule is important. The law looks at what a reasonable person would have done. If you had clear and alarming symptoms but chose to ignore them for years, a court might decide that you should have discovered the injury much earlier, and your case could be dismissed. This is why seeking prompt medical evaluation for any new or persistent symptoms is always a wise course of action.

Are There Other Exceptions to the Filing Deadline?

Beyond the discovery rule, South Carolina law recognizes other specific situations that can pause, or “toll,” the statute of limitations clock. Tolling is a legal term that means the deadline is temporarily suspended. These exceptions are designed to protect individuals who are legally unable to protect their own rights.

Here are some of the primary exceptions that could apply to an old injury claim:

• Injury to a Minor: When a child under the age of 18 is injured, they cannot file a lawsuit on their own behalf. In South Carolina, the statute of limitations is typically tolled until the child’s 18th birthday. This means that for many childhood injuries, the three-year clock doesn’t start to run until they are legally an adult.
• Mental Incapacity: If an individual was “insane” or mentally incompetent at the time of their injury, as defined by law, the statute of limitations may be tolled. The clock can be paused for up to five years, but it may begin to run again if the person’s mental competency is restored. This is a complex area of law and applies in very specific circumstances.
• The Defendant Leaves South Carolina: If the person or company responsible for your injury moves out of the state for more than a year before you can file a lawsuit and serve them with legal papers, that period of absence may not count toward the three-year deadline.

These exceptions ensure that the rights of vulnerable individuals are protected and that a defendant cannot simply evade responsibility by leaving the state.

The Challenge of Proving an Old Injury Case

Even if your case falls under an exception that allows you to sue for an old injury, you still face the challenge of proving your claim. As time passes, building a strong case becomes more difficult. The two biggest hurdles are preserving evidence and proving causation.

Gathering Evidence

The further you get from the date of an incident, the harder it is to find the proof you need. Witness memories fade. The police officer who responded to your accident may have retired. The business where you fell may have changed ownership or closed, and any video footage is almost certainly gone. You will need to rely heavily on the documents and records you do have, such as medical charts, photographs of the accident scene or your injuries, and any accident reports that were filed.

Establishing Causation

This is often the most significant challenge in an old injury claim. “Causation” is the legal link between the defendant’s negligent act and your injury. You must be able to show that the car accident or the fall from years ago is the direct cause of the medical condition you are suffering from today.

The other side’s insurance company will argue that something else could have caused your injury in the intervening years—a different accident, a degenerative condition, or simply the effects of aging. To counter this, your medical history is paramount. A clear, unbroken line of medical treatment from the original incident to your current diagnosis can be a powerful tool to connect the dots and establish causation.

Steps to Take if You Believe You Can Sue for an Old Injury

If you are living with the effects of a past accident and believe you might still have a legal claim, taking organized and thoughtful steps is crucial. Rushing into the process without preparation can make a difficult situation even harder.

Many people start by searching for an “affordable personal injury lawyer near me” because they are concerned about the cost of exploring their options. However, most reputable firms offer free consultations, so you can get information without financial risk.

Here are some practical actions you can take to assess your situation:

1. Gather All Your Documentation: Collect every piece of paper related to the original incident and your ongoing medical issues. This includes initial accident or police reports; photos of the scene or your injuries; names and contact information for any witnesses; and all medical records, bills, and test results from the time of the injury to the present day.
2. Create a Detailed Timeline: Write down a chronological history of events. Start with the date and details of the accident. Then, document when your symptoms first appeared, every doctor or specialist you visited, the treatments you received, how your condition has progressed, and the ways it has affected your work, daily activities, and quality of life.
3. Avoid Speaking with Insurance Adjusters: If you are contacted by an insurance company representative for the at-fault party, it is wise to be cautious. They may be looking for information to weaken your potential claim. It’s often best to politely decline to give a recorded statement until you have had a chance to discuss your situation with a legal professional.
4. Discuss Your Case with a Personal Injury Lawyer: The most important step is to get a professional evaluation of your case. An experienced attorney can review your timeline and documents, ask the right questions, and analyze how South Carolina’s statute of limitations and the discovery rule apply to your specific circumstances. They can provide a clear-eyed assessment of the strengths and weaknesses of your potential claim.

Taking these steps can provide the clarity needed to decide on the best path forward for you and your family.

FAQs: Can I Sue for an Old Injury?

Here are answers to some common questions people have about pursuing a legal claim for a past injury.

What if my old injury has gotten worse over time?

If your injury has worsened, it may be a valid reason to explore a claim, especially if the new developments fall within the statute of limitations or the discovery rule. The key will be to provide medical evidence showing that the worsening condition is a direct result of the original accident and not a separate, unrelated issue.

Does the statute of limitations apply to a wrongful death claim?

Yes, it does. In South Carolina, a wrongful death lawsuit must generally be filed within three years of the date of the person’s death. This deadline is also governed by the statute of limitations.

Can I reopen a personal injury case I already settled if my injury is worse than I thought?

Unfortunately, in most cases, the answer is no. When you settle a personal injury claim, you sign a release agreement. This is a legally binding contract that permanently closes your claim in exchange for the settlement funds. This agreement releases the other party from all future liability, even if your injuries turn out to be more severe than you initially believed.

What kind of compensation is available for an old injury claim?

The potential compensation is the same as for a more recent injury claim. This can include payment for past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, and loss of enjoyment of life. The amount depends entirely on the specific damages you can prove.

What if I was partially at fault for the original accident?

South Carolina follows a modified comparative negligence rule. Under this rule, you can still recover damages as long as your share of the fault is not greater than the fault of the other party (i.e., you are 50% or less at fault). However, your final compensation award will be reduced by your percentage of fault.

Contact a South Carolina Personal Injury Attorney Today

Deciding whether you can pursue a claim for an old injury involves complex legal questions and a detailed review of your personal history. You don’t have to figure it out on your own. The legal team at Hughey Law Firm has experience handling complicated personal injury cases and is prepared to fight for the rights of injured people against large insurance companies.

We understand that you may be concerned about costs, which is why we offer a “no win, no fee” promise. Our firm handles personal injury cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover money for you.

If you’ve been injured in an accident in the Charleston or Mt. Pleasant area, contact Hughey Law Firm at (843) 881-8644 or through our online form for a free, no-obligation consultation. Let us help you understand your legal options.

Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $290 million in verdicts and settlements.