Are there any time limitations on filing an asbestos-related lawsuit?

In South Carolina, a person who has been injured due to asbestos exposure has three years from the date of injury or discovery of the injury to file a lawsuit. This statute of limitations may be extended in some cases, but typically, a case will be dismissed if filed after the three-year period. However, it is important for those considering filing an asbestos-related lawsuit to remember that the amount of time to bring a claim can vary significantly depending on a variety of factors. For instance, if the injured party is deceased, the claim may be brought by the estate instead of the injured party. In cases such as this, the statute of limitations may be different. In addition, the statute of limitations may be tolled in certain cases, meaning the clock may be stopped while certain issues are resolved. For example, the toll may be applied if a party is undergoing medical treatment, or if the party is unable to pursue an asbestos claim due to other valid reasons. Therefore, it is important that those considering filing an asbestos-related lawsuit consult with an attorney to determine the correct statute of limitations. An attorney will be able to evaluate the specific facts of the case to accurately determine when the claim must be filed to protect the rights of the injured party.

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