Timing is everything when it comes to filing a legal claim. You could lose your right to seek compensation entirely if you miss critical deadlines. Two important legal deadlines you need to know about are the statute of limitations and the statute of repose. While both can affect your ability to file a lawsuit, they operate differently. Understanding how they differ is crucial for anyone dealing with a personal injury, construction defect, or product liability case.
In this guide, our Greenville personal injury lawyers break down what a statute of repose vs. limitations is and how each can impact your legal rights. Keep reading for more, then contact us online or call (864) 343-2222 to schedule a free consultation.
What is a statute of limitations?
A statute of limitations limits how long you must file a lawsuit after an incident occurs. This time frame begins when the cause of action “accrues”—when the injury or harm is discovered or reasonably should have been discovered. Statutes of limitations are designed to prevent claims from being filed too long after the fact when evidence might be lost, or memories may fade.
For example, in South Carolina, the statute of limitations for personal injury cases is generally three years from the date of the injury. If you’ve been injured in a car accident or suffered harm due to someone else’s negligence, you have three years to file a claim in court. If you miss this deadline, your case will likely be dismissed, and you will lose your right to pursue compensation.
What is a statute of repose?
While a statute of limitations is based on when an injury occurs or is discovered, a statute of repose differs. It sets a final deadline for when a lawsuit can be filed, regardless of when the injury happened or was discovered. The clock for a statute of repose starts ticking from a specific event, such as when a product is sold, or a construction project is completed. You cannot file a lawsuit once this period expires, even if an injury occurs later.
For example, in South Carolina, the statute of repose for construction defect claims is eight years from the date of substantial completion of the project. If a building defect causes damage nine years after the project was finished, you would be barred from filing a claim, even if you didn’t discover the defect until the ninth year.
Key differences between statutes of limitations and statutes of repose
Start of the clock
- Statute of limitations – Starts when the injury is discovered or should have been discovered.
- Statute of repose – Starts from a specific event, like the sale of a product or completion of construction, regardless of when the injury occurs.
Purpose
- Statute of limitations – Protects defendants from being sued too long after an injury, ensuring that cases are filed while evidence is still fresh.
- Statute of repose – Provides an absolute deadline for potential claims to ensure that after a certain time, manufacturers, builders, or other professionals are no longer liable.
Flexibility
- Statute of limitations – May be extended in some cases if the injury was not immediately apparent (known as the “discovery rule”).
- Statute of repose – Is a hard deadline that cannot be extended, even if the injury is discovered after the deadline.
Examples of statutes of repose and limitations in South Carolina
1. Personal Injury
- Statute of limitations – For most personal injury claims in South Carolina, you have three years from the date of injury to file a lawsuit (South Carolina Code of Laws Section 15-3-530).
- Statute of repose – Does not typically apply to personal injury cases unless related to defective products or construction claims.
2. Construction defects
- Statute of limitations – Homeowners generally have three years to file a claim after discovering a defect in a construction project.
- Statute of repose – Claims must be filed within eight years from the date of substantial completion of the construction project. If the defect is discovered after eight years, you cannot file a lawsuit, even if the defect was hidden.
3. Product liability
- Statute of limitations – Product liability claims must be filed within three years from the date the injury caused by the defective product is discovered.
- Statute of repose – In South Carolina, product liability claims must be filed within eight to ten years from the date the product was first sold or manufactured, depending on the product. After that period, no claims can be filed, even if the injury occurs later.
Why do these laws exist?
Both statutes of limitations and statutes of repose are designed to balance the injured party’s rights with the need to protect potential defendants from lawsuits that arise too long after an event. Over time, evidence can disappear, and it becomes harder to determine what happened. These laws provide a clear window in which legal claims can be brought, ensuring both parties have a fair opportunity to present their case.
Statutes of limitations encourage plaintiffs to take timely legal action after an injury occurs.
Statutes of repose offer defendants a degree of certainty that after a certain period, they will no longer be liable for past actions, even if harm arises later.
How Smith Jordan Law can help
If you’ve been injured or are considering filing a legal claim, it’s crucial to understand how these deadlines could affect your case. At Smith Jordan Law, we have extensive experience handling cases involving statutes of limitations and statutes of repose.
We aim to ensure you don’t miss critical deadlines that could jeopardize your right to compensation. If you believe you have a claim, don’t wait – contact Smith Jordan Law today to learn more about your rights and the legal timelines that apply to your case.
