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South Carolina Statute of Limitations (2026)

Civil filing deadlines in South Carolina under S.C. Code ch. 15-3 — a near-uniform three years, with a statutory discovery rule written directly into § 15-3-535.

✓ Last verified: Sep 2026
Claim Types
12
claim types tracked
Filing Range
2–3
year filing range
Govt. Notice
1
yrs to notify govt.
2 of these entries are marked “Unverified.” They have been added to the register but not yet checked line-by-line against the current statute text. Treat those figures as a starting point only, and confirm the citation at its official source before relying on it.
3 YEARS
Personal Injury
Three years, with § 15-3-535 supplying a statutory discovery rule: the period runs from when the person knew or by the exercise of reasonable diligence should have known that they had a cause of action.
S.C. Code § 15-3-530(5) ✓ Verified
3 YEARS
Medical Malpractice
Three years from the act or from discovery, subject to a six-year statute of repose from the date of the act.
S.C. Code § 15-3-545 ✓ Verified
3 YEARS
Written Contract
Three years from breach — short by national standards.
S.C. Code § 15-3-530(1) ✓ Verified
3 YEARS
Property Damage
Three years for injury to personal property.
S.C. Code § 15-3-530(4) ✓ Verified
2 YEARS
Defamation
Two years for libel or slander.
S.C. Code § 15-3-550(1) ✓ Verified
3 YEARS
Product Liability
Three years, with the statutory discovery rule delaying accrual until the claimant knew or should have known of the cause of action.
S.C. Code § 15-3-530(5) Unverified
3 YEARS
Wrongful Death
Three years, running from the date of death — the accrual point is stated in the subsection itself.
S.C. Code § 15-3-530(6) ✓ Verified
3 YEARS
Fraud
Three years, with discovery-based accrual written into the subsection.
S.C. Code § 15-3-530(7) ✓ Verified
3 YEARS
Breach of Oral Contract
Three years — the same as a written contract.
S.C. Code § 15-3-530(1) ✓ Verified
3 YEARS
Legal Malpractice
Three years, running from when the client knew or should have known of the cause of action.
S.C. Code § 15-3-530(5) Unverified
3 YEARS
Assault & Battery
Three years — South Carolina does not carve intentional torts into a shorter window the way most states do.
S.C. Code § 15-3-530(5) ✓ Verified
3 YEARS
Trespass to Land
Three years for trespass upon or damage to real property.
S.C. Code § 15-3-530(3) ✓ Verified
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Legal Forms
1
years
Government claims notice
Verified claim within 1 year; suit within 2 years — S.C. Code §§ 15-78-80, 15-78-110 Under the South Carolina Tort Claims Act, a claimant who files a verified claim within one year gets two years from the date of loss to bring suit; a claimant who does not file a verified claim gets only two years, and the Act's own limitations provision in § 15-78-110 displaces the general three-year period. Filing the verified claim is therefore worth doing even though it is optional.

Common Questions About South Carolina Deadlines

What is the statute of limitations in South Carolina?

It depends on the type of claim. South Carolina filing deadlines range from 2 years to 3 years — for example, personal injury 3 years, breach of a written contract 3 years, medical malpractice 3 years, defamation 2 years.

How long do you have to file a personal injury lawsuit in South Carolina?

3 years under S.C. Code § 15-3-530(5). Three years, with § 15-3-535 supplying a statutory discovery rule: the period runs from when the person knew or by the exercise of reasonable diligence should have known that they… Full personal injury rules →

What is the statute of limitations for wrongful death in South Carolina?

3 years under S.C. Code § 15-3-530(6). Three years, running from the date of death — the accrual point is stated in the subsection itself. Full wrongful death rules →

What is the statute of limitations for medical malpractice in South Carolina?

3 years under S.C. Code § 15-3-545. Three years from the act or from discovery, subject to a six-year statute of repose from the date of the act. Full medical malpractice rules →

What is the statute of limitations for breach of contract in South Carolina?

3 years under S.C. Code § 15-3-530(1). Three years from breach — short by national standards. Full breach of a written contract rules →

How long do you have to sue for defamation in South Carolina?

2 years under S.C. Code § 15-3-550(1). Two years for libel or slander. Full defamation rules →

What is the statute of limitations for property damage in South Carolina?

3 years under S.C. Code § 15-3-530(4). Three years for injury to personal property. Full property damage rules →

Do you have to notify the government before suing in South Carolina?

Often, yes. Verified claim within 1 year; suit within 2 years under S.C. Code §§ 15-78-80, 15-78-110. This is usually much shorter than the ordinary deadline.

Know your rights — check the claim type that matches your situation, then confirm the deadline with a licensed attorney.
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