Statutes of Limitations to File an Asbestos Claim in South Carolina (2024)

A statute of limitations in civil claims is the amount of time an individual has to file their claim before they are barred from securing compensation. In most cases, the statute of limitations begins from the date of injury, but developmental illnesses have different rules. Asbestos-related illnesses have their own guidelines, and it’s important to know the statutes of limitations to file an asbestos claim in South Carolina if you have been diagnosed with an asbestos illness.

South Carolina Personal Injury Statute of Limitations

The statute of limitations for personal injury claims in South Carolina is three years from the date an injury is suffered. For mesothelioma and other asbestos-related illnesses, the three-year statute begins from the date you receive a confirmed diagnosis of an illness. Asbestos-related developmental illnesses include:

• Asbestosis
• Diffuse pleural thickening
• Pleural plaques
• Pleural effusion
• Lung cancer
• Mesothelioma

If you are diagnosed with one of these illnesses, it is important to talk with an attorney, especially if you were exposed to asbestos. An attorney can help you determine your claim’s validity and file on time.

These claims only begin the statute of limitations upon diagnosis because of the significant amount of time that can pass between exposure to asbestos and the development of a disease. Some respiratory illnesses can take several years to develop, while lung cancer and mesothelioma can take 25 to as much as 60 years to develop.

You can file a personal injury claim if someone’s negligence caused the asbestos exposure. You can also do so if your employer was grossly negligent or concealed the dangers of asbestos exposure. Negligent parties may include a manufacturer, corporation, or property owner, depending on the circumstances of your asbestos exposure.

South Carolina Wrongful Death Statute of Limitations

The statute of limitations for wrongful death claims in South Carolina is three years from the date of death. This is also the case for deaths caused by mesothelioma or other asbestos-exposure causes. If an individual would have been eligible for a personal injury claim during their life, their family has a viable wrongful death case. In South Carolina, these claims can be filed by the executor or personal representative of the deceased’s estate for the benefit of their surviving family members.

When Are Statutes of Limitations Different?

There are several reasons why a statute of limitations in South Carolina may be altered for asbestos-related claims. These include:

• Claims against specific trust funds from bankrupt asbestos companies, which each have their own unique statute of limitations requirements
• Claims as part of a class action case
• Claims that only qualify for workers’ compensation benefits
• Claims filed with the Department of Veterans Affairs, which do not have a statute of limitations

The statute of limitations may also be different if you can file in another state due to where the company or job site is based. If you are unsure whether your case is affected by different statutes of limitations, talk it through with a skilled asbestos attorney.

FAQs

Q: What Is the Time Limit for Asbestos Claims?

A: Asbestos claims have time limits in which you must file them, and these vary from state to state and by the type of claim. In South Carolina, the statute of limitations for asbestos-exposure personal injury is three years from the date of diagnosis. Because most asbestos illnesses take years or even decades to develop, the statute of limitations begins from diagnosis, not from exposure. If you do not file within this timeframe, you lose your ability to recover damages.

Q: Can You File a Claim If You Have Been Exposed to Asbestos?

A: You may be able to file for asbestos exposure if the following is true:

1. You were exposed while at work, or the exposure was the result of another party’s negligence.
2. You have been diagnosed with a developmental illness that has a connection to asbestos exposure, including asbestosis, pleural disease, lung cancer, or mesothelioma.

Negligent parties may include a product manufacturer that released an unreasonably dangerous product or a grossly negligent employer. A skilled attorney can help you determine if you have a valid claim.

Q: What Is the Time Limit for Mesothelioma Claims?

A: Typically, the time limit for a mesothelioma claim in South Carolina is three years from the date of your diagnosis or your loved one’s death. If your mesothelioma was caused by asbestos exposure, then it has the same statute of limitations as any other illness caused by asbestos exposure and another party’s negligence. The statute of limitations may vary if you were an employee when you were exposed or if the claim is filed against an asbestos trust fund.

Q: How Do You Prove Asbestos Exposure?

A: To prove asbestos exposure in a personal injury claim, an attorney can help you gather information and documentation, such as:

• Documentation of an illness or cancer that is related to asbestos exposure
• Reports from a biopsy showing asbestos fibers in your lungs
• Your medical provider’s testimony about an illness
• Expert testimony or analysis connecting the illness to asbestos exposure
• Pay stubs or employment records proving that you worked in asbestos-exposed industries
• Housing records proving that you lived in a building with asbestos
• Personal testimony or that of friends or coworkers

Contact a Skilled Asbestos Attorney in South Carolina Today

It’s important to begin working with an attorney as soon as possible in case your statute of limitations is nearing its close. Additionally, this gives your attorney sufficient time to gather information and documentation for a stronger claim. It’s crucial that you find an attorney with the skill and experience needed to effectively handle your claim.

At Wallace & Graham, P.A., we have over 40 years of combined experience in personal injury claims related to asbestos exposure and mesothelioma. We also have experience in workers’ compensation, product liability, and wrongful death claims related to these illnesses. When parties are negligent in product, employee, and consumer safety, they should be held liable. Our firm uses our knowledge and resources to support you throughout the claims process and secure you the compensation you deserve.

If you have been diagnosed with asbestosis, mesothelioma, or another asbestos-related illness, we can determine if you have the basis for a claim. Contact Wallace & Graham, P.A., today.