How Long Can a Personal Injury Case Last in South Carolina?

July 15, 2024 – Paul Hammack

If you’ve been hurt in an accident, you’re probably feeling overwhelmed and unsure about what comes next. The process of resolving a personal injury case can seem never-ending, and you might be wondering if it’s even worth your energy and time.

So, how long can a personal injury case last? Understanding the factors that influence the timeline in South Carolina can help you manage your expectations and feel more in control. Here’s what you need to know about what can affect the duration of your case and what you can expect along the way.

Key Factors That Influence the Case Timeline

Several factors can impact the length of your personal injury case. Here are the most significant ones:

How Serious Are Your Injuries?

The seriousness of your injuries plays a significant role in how long your case will take. If your injuries are severe, it might take longer to reach a settlement because you need time to fully understand the extent of your medical needs and expenses. Doctors often recommend waiting until you’ve reached Maximum Medical Improvement (MMI) before settling your case. MMI is the point where your condition has stabilized, and further recovery is not expected, even with continued medical treatment.

This ensures that all future medical costs are accounted for in your claim, preventing you from settling for an amount that won’t cover long-term expenses. Waiting until MMI can also give a clearer picture of any permanent disabilities or ongoing medical needs, which are crucial for determining fair compensation. While it may be frustrating to wait, reaching MMI before settling can protect your financial future.

However, you might be concerned about the statute of limitations, which in South Carolina is three years from the date of your injury. This is why it’s essential to consult a personal injury attorney early in the process to ensure you meet all necessary deadlines. Your attorney can help you navigate the timing issues and make sure your claim is filed within the legal time frame, even if you’re waiting to reach MMI.

Who is at Fault?

In South Carolina, fault is determined based on the concept of modified comparative negligence. This means that as long as you are not more than 50% at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. If you are found to be 51% or more at fault, you will not be able to recover any damages.

Determining fault can be complex and will require a thorough investigation. Your lawyer will need to gather additional evidence to establish who is responsible. This process can be time-consuming and may include:

Witness Statements: Collecting testimonies from people who saw the accident can provide valuable insights and help corroborate your version of events.
Accident Reports: Official reports from law enforcement or other authorities can offer an unbiased account of the accident and are often crucial in determining fault.
Expert Testimonies: In some cases, experts such as accident reconstruction specialists, medical professionals, or engineers may be needed to provide detailed analyses of the incident. Their expertise can help clarify complex aspects of the case and establish liability.
Surveillance Footage: If the accident was captured on security cameras, this footage can be compelling evidence in showing what happened and who is at fault.
Physical Evidence: Examining the physical evidence from the accident scene, such as vehicle damage, skid marks, and road conditions, can help reconstruct the events leading to the accident.

Gathering this evidence takes time, but it’s essential for building a strong case. Your attorney will work diligently to compile all necessary documentation and testimony to prove fault and secure the best possible outcome for your case. This thorough approach helps ensure that the fault is accurately determined and that you receive fair compensation for your injuries.

How Will Negotiations with Insurance Companies Affect Your Case Timeline?

Negotiating with insurance companies can be one of the most challenging and time-consuming aspects of a personal injury case. Insurance companies often use various tactics to delay settlements, aiming to pressure you into accepting a lower offer. Here’s a closer look at what to expect during this phase and how your lawyer can help.

Common Tactics Used by Insurance Companies

Insurance companies are businesses focused on minimizing their payouts. Here are some common tactics they might use:

Delaying Responses: They may take a long time to respond to your claims and requests for information, hoping you’ll become frustrated and accept a lower settlement.
Requesting Unnecessary Documentation: Asking for excessive documentation can delay the process and create additional hurdles for you and your lawyer.
Disputing Medical Treatments: They might argue that certain medical treatments were unnecessary or unrelated to the accident, attempting to reduce the amount they have to pay.
Offering Quick, Low Settlements: Soon after the accident, they might offer a quick settlement that is far below the actual value of your claim, hoping you’ll take the money and close the case.

The Role of Your Greenville Injury Lawyer

Your Greenville injury lawyer will play a crucial role in countering these tactics and ensuring you receive a fair settlement. Here’s how they help:

Gathering Evidence: Your lawyer will collect all necessary documentation, including medical records, accident reports, and witness statements, to build a strong case.
Skilled Negotiation: Personal injury attorneys understand the strategies insurance companies use and can effectively counter them during negotiations.
Handling Communications: Your lawyer will manage all communications with the insurance company, ensuring that your interests are protected and that you don’t inadvertently say something that could harm your case.
Calculating Fair Compensation: They will accurately calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs, to ensure you are seeking an appropriate amount.
Negotiation Process: Negotiations can be lengthy, often taking several months. Your lawyer will persistently negotiate with the insurance company, rejecting lowball offers and pushing for a settlement that truly reflects the extent of your injuries and losses.

Settlement vs. Going to Court

Most personal injury cases are settled out of court, which can significantly reduce the time it takes to resolve your case. Settlements can be reached in a few months, especially if both parties agree on the terms. However, if a fair settlement cannot be reached, your case may go to court, extending the timeline.

Court Process

If your case goes to trial, it will take longer. Here’s what you can expect:

Filing a Complaint: Your attorney will file a formal complaint with the court.
Discovery Phase: Both sides gather evidence and share information. This can take several months.
Pre-Trial Motions: These are legal arguments made before the trial, which can add time.
Trial: The trial itself can last from a few days to several weeks. After the trial, there may be appeals, which can further delay the resolution.

While it’s impossible to predict exactly how long your personal injury case will take, understanding the factors that influence the timeline can help you prepare. Each case is unique, and the duration can range from a few months to several years. Working with experienced accident lawyers in Greenville, SC will provide the guidance and support you need throughout this process, helping you achieve the best possible outcome.

Contact Hammack Law Firm to Get Answers About Your Personal Injury Case Timeline

Wondering how long your personal injury case might take? At Hammack Law Firm, we understand that the process can be confusing and stressful. Our Greenville injury lawyers are here to provide clarity and support every step of the way, helping you understand the timeline and what to expect.

Our dedicated team will conduct a comprehensive investigation into your accident, meticulously gathering all necessary evidence, including medical records, witness statements, and expert testimonies. We will build a strong case on your behalf to hold the responsible parties accountable and secure the best possible outcome for you and your family.

Don’t let uncertainty and stress take over your life. Contact Hammack Law Firm today at (864) 326-3333 or fill out our online form to schedule a free consultation. We’ll listen to your story, answer your questions, and guide you through the process so you can make informed decisions about your future. Let us be your advocate and work tirelessly to secure the compensation and justice you need.

At Hammack Law Firm, our team is trained and experienced to win!

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Hammack Law Firm
223 W Stone Avenue
Greenville, SC 29609
(864) 326-3333
https://hammacklawfirm.com/