South Carolina Statute of Limitations
Time limits for filing civil lawsuits in South Carolina. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 3 years (S.C. Code § 15-3-530).
- Oral Contracts: 3 years (S.C. Code § 15-3-530).
- Personal Injury: 3 years (S.C. Code § 15-3-530(5)).
- Property Damage: 3 years (S.C. Code § 15-3-530).
South Carolina Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 3 years | S.C. Code § 15-3-530 | Accrues on the date of breach. |
| Oral Contracts | 3 years | S.C. Code § 15-3-530 | Same period as written contracts. |
| Personal Injury | 3 years | S.C. Code § 15-3-530(5) | Accrues on the date of injury. Discovery rule applies. |
| Property Damage | 3 years | S.C. Code § 15-3-530 | Accrues when damage occurs. |
| Medical Malpractice | 3 years | S.C. Code § 15-3-545 | 3 years from the date of treatment or from discovery. 6-year statute of repose. |
| Debt Collection | 3 years | S.C. Code § 15-3-530 | 3 years for all debt types. |
| Fraud | 3 years | S.C. Code § 15-3-530(7) | 3 years from discovery of the fraud. |
General Notes for South Carolina
South Carolina applies a uniform 3-year statute of limitations for most civil claims. The discovery rule applies to personal injury, medical malpractice, and fraud claims. Medical malpractice has a 6-year statute of repose.
Related Resources
- Small claims court in South Carolina
- Free legal aid in South Carolina
- Consumer complaints in South Carolina
Frequently Asked Questions
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What is the general statute of limitations in South Carolina?
South Carolina has a general 3-year statute of limitations for most civil claims, including contracts, personal injury, and debt collection.
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Does South Carolina apply the discovery rule?
Yes. South Carolina applies the discovery rule to personal injury, medical malpractice, and fraud claims.
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What is the statute of repose for medical malpractice in South Carolina?
South Carolina has a 6-year statute of repose from the date of the occurrence, meaning no claim can be filed after that time regardless of discovery.