Statute of Limitations on Sexual Abuse Lawsuits in South Carolina

If you or someone you know has been sexually abused in the past, you probably know how difficult it can be to come forward with your story. Many victims wait years before coming forward, but it might not be too late to get justice. The statute of limitations for sexual abuse claims in South Carolina gives plaintiffs more than a few years to file a case, but even so, the deadline is tight.

Survivors of childhood sexual abuse have until the age of 27 to file a lawsuit. This might appear to be a very long time, but the truth is that victims often do not come forward for decades. If a victim of abuse does not realize they were abused until much later in life, they may have 3 years from the date of the discovery of the abuse to file a claim. Any number of people might be held liable in such cases, including individuals who committed the abuse, and institutions, like schools or churches, allowed it to happen.

To get a private assessment of your case for no charge, call our South Carolina sexual abuse attorneys at The Law Office of Andrew Shubin at (814) 826-3586.

How Much Time You Have to File a Civil Lawsuit for Sexual Abuse in South Carolina

Civil claims are governed by laws known as statutes of limitations, which impose time limits on plaintiffs seeking to file claims in court. If you do not file your case by the time the statute expires, you risk losing your right to sue. In South Carolina, the statute of limitations for sexual abuse claims is found under S.C. Code Ann. § 15-3-555(A). While the time limit set by this law might seem long at first, it is actually very tight for this kind of claim.

Under the law, plaintiffs seeking to sue for sexual abuse they experienced as children have to file their claims within 6 years of turning 21, or until age 27. This might appear to be more than enough time, especially if you were abused as a very young child. However, a lot of abuse survivors do not come forward with their claims for decades. A cut-off at age 27 is actually a very short amount of time.

Not all survivors remember the abuse. It is not unusual for people who were abused as children to not remember it until many years later. For this reason, the law provides a discovery rule. Plaintiffs may have 3 years from the date they remember, discover, or realize the abuse. This limitation may apply if you did not remember the abuse until you were past the age of 27.

No matter which way you cut it, the limitation period for sexual abuse claims is rather short, and potential plaintiffs should contact our South Carolina sexual abuse lawyers fast. The sooner you get started, the sooner we can begin investigating for evidence and building a case to get you the justice you deserve.

Who is Liable in a Civil Lawsuit for Sexual Abuse in South Carolina?

One of the first things we need to figure out is who you want to name in your lawsuit. This is sometimes a tough decision to make for survivors of sexual abuse, especially if the abuse happened a long time ago. Your attorney can advise you on which people, entities, or parties might be liable for your injuries.

First, we should think about the people who actively participated in the abuse. This might have been only one person, or it might have been multiple. If you know the names of the people involved, inform your attorney, and they can begin trying to track them down. In other cases, abuse victims cannot recall the names of the people who hurt them. This might be because the abuse happened so long ago, or they never knew the abuser’s name to begin with. Talk to your lawyer, and they can use the information you have to find those responsible.

You should also consider filing a claim against an institution or organization involved with the abuse. For example, if you were abused by a teacher, coach, or school administrator, you might want to think about suing the school or school district. Similarly, if a priest or other religious leader abused you, you might sue the church or religious group behind that person.

Determining When Your Time Limit to File Civil Claims for Sexual Abuse in South Carolina Begins

Typically, the limitation period for a lawsuit for injuries begins on the day the injuries occurred. Unfortunately, many abuse survivors cannot recall exactly when they were abused. Maybe you can remember how old you were but not the exact time of year. Depending on the situation, we might not need an exact date.

If the abuse happened multiple times over an extended period, you may calculate the limitation period from the most recent instance of abuse, if you can remember it. However, if you remember the abuse well before you turn 27 – the cut-off point for the statute of limitations – we likely do not need to know exactly when it happened, as your claims must be filed by the time you turn 27, regardless.

Damages You Can Claim in a South Carolina Lawsuit for Sexual Abuse

Most lawsuits typically involve some form of economic damages, which are related to money, and non-economic damages, which are related to subjective experiences. A lawsuit for sexual abuse is similar, but the emphasis tends to be more on non-economic damages.

Economic damages account for the financial costs of your injuries. For example, if you were physically injured when you were abused, you might have sought treatment at a hospital, and you can claim your hospital bills as part of your damages. In many cases, abuse victims do not report their injuries to anyone, and their financial costs tend to be minimal because they are intimidated into staying silent about the abuse. Even so, ask your lawyer about potential economic damages in your case.

Non-economic damages are likely where the bulk of your compensation will come from. Survivors of sexual abuse are often haunted by their experiences for the rest of their lives. Many live with deep-rooted mental health issues, like depression, anxiety, and even PTSD. Since you have likely been living with these experiences for a very long time, your non-economic damages should be quite significant.

Speak to Our South Carolina Sexual Abuse Attorneys for Legal Help

To get a private assessment of your case for no charge, call our South Carolina sexual abuse attorneys at The Law Office of Andrew Shubin at (814) 826-3586.