How Long Do I Have to File a Car Accident Injury Claim?

Although you generally have three years to file a personal injury lawsuit in South Carolina, you may want to take action as soon as possible. Over time, evidence disappears, and witnesses may relocate or change their contact information. Memories fade, and it becomes more challenging to prove your case.

While you may have several years to file the paperwork and begin legal proceedings, filing an insurance claim and beginning settlement negotiations early can protect your case and right to sue. You can speak with our team about this process for free today.

Understanding the Timeframe for Navigating the Claims Process in South Carolina

One of the biggest defenses raised by insurance companies is often that the injured party waited too long to seek treatment or bring a lawsuit. There are few benefits to waiting to take action following a Greenville car accident. Once your injuries are stable and fully understood, and our team has the necessary evidence, you can get started.

If you hire our team, we may take the time to pursue an out-of-court settlement in your case. This process requires filing a claim, presenting evidence, and demanding a fair settlement based on your damages.

If this is not possible, South Carolina sets a strict deadline on filing car accident injury lawsuits, per S.C. Ann § 15-3-530. Based on this statute of limitations, you only have three years from the date of the crash to file. Moreover, this timeframe reduces to two years if you file against a government agency under the Tort Claims Act.

Other Ways to Protect Your Rights following a Greenville Crash

Every driver should know how to protect their interests after a crash. A small mistake could cause the insurance company to deny your claim or prevent you from recovering fair compensation. Some things you should be aware of include:

Documenting Your Injuries

Anxiety, depression, shock – these are just a few of the emotions that often accompany a serious car crash. Testimony from you and your family members can serve as documentation of these intangible damages after the collision.

In addition to emotional distress, accident victims often face financial hardship due to medical bills and lost income. Saving related invoices, receipts, and previous pay stubs can help prove these economic damages.

It is imperative to seek treatment for any injuries immediately and follow the advice of your care providers. Otherwise, the insurance company may try to argue that your injuries were not serious or did not exist at all.

Avoiding Recorded Statements

It’s crucial to avoid admitting fault, posting information about the crash to social media, or discussing the accident with anyone outside your immediate family or trusted friends. This could reduce the value of your claim, affect your deductible, or endanger your financial recovery, as the at-fault party’s insurer may try to use your own words against you.

When we represent you, we may advise you not to give a recorded statement to any insurer following the accident. One of our attorneys can handle getting any necessary information and statements to the insurer so you can move ahead with car repairs and other next steps.

What Should I Do After a Car Accident in South Carolina?

Every collision is a nerve-racking experience, but it is critical to remain calm. Your words and actions in the immediate aftermath could influence the success of your claim. Here are six tips you could take to protect your interests after a Greenville collision:

• Call the police and give them as many facts about the accident as possible.
• Gather names and contact details from witnesses.
• Record the contact details and insurance information of all drivers involved.
• Take photos that show the positions of vehicles, traffic signs, intersections, injuries, skid marks, and property damage.
• Visit your doctor even if you do not believe you are seriously injured.
• Reach out for legal representation as soon as possible.

How Our Car Accident Team Can Help

We are often asked by our clients: Do I still have a claim if my injuries are not that severe? The general understanding is that you have a valid claim if you have suffered injuries serious enough to require more than a single doctor’s appointment. If you are unsure about your eligibility, our legal team is happy to go over your case to determine the validity of your claim.

If a negligent driver injured you in South Carolina, you may want a personal injury lawyer on your side as early in the claims process as possible. Our team can help you avoid mistakes such as:

• Overlooking certain damages
• Accepting a low settlement
• Making recorded statements to insurance adjusters
• Unknowingly admitting fault to the insurance company

We will also go to work on your case quickly while you undergo treatment for your injuries and focus on healing. Our goal is to identify and gather evidence, develop a strong argument, value your case, and file your claim well before the statute of limitations runs out.

It may be possible for us to reach a fair and just settlement agreement on your behalf before your doctor clears you to return to work or before the medical bills start rolling in. However, some cases may take much longer or require you to sue the liable party.

Contact Us Today About Your Greenville Car Accident Injury Claim

At Hammack Law Firm, our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee – no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.

To get started with our Greenville personal injury law firm, contact us at (864) 326-3333(864) 326-3333 for a free consultation.