Accidents can happen in a split second. One minute you’re okay; the next, you’re in agony. You may also be concerned about your potential legal recourse.
If you sustained injuries because of the negligence of another party, South Carolina law allows you to seek financial compensation through a personal injury claim. People who have been injured and are unable to work may find this money to be a lifeline as they struggle to pay for medical bills and other losses.
An injury accident can be a confusing event with life-changing consequences. Contact us today to schedule a free consultation with a seasoned personal injury lawyer at ASB law to explore your legal options after a personal injury.
Keep reading to learn all you need to know about a South Carolina personal injury case.
The Personal Injury Process in South Carolina
Personal injury claims are usually complex processes with many variables that can affect your chances of a successful claim. Knowing what to expect can help ensure a successful outcome.
Below is an overview of the personal injury process in South Carolina
- Responding to critical needs at the accident scene and soon afterward
- Determining whether you have a claim
- Investigating the case and collecting evidence
- Negotiating with opposing parties and insurance providers
- Filing a lawsuit if necessary
- Preparing for trial and litigation
- Proving the case in court
At The Accident Scene
If you were hurt while visiting someone else’s property, you should notify a manager and request that a report be filed. These sorts of documents are standard in most businesses. Avoid leaving the scene without telling anyone; doing so could complicate matters later. Notifying the property owner on the same day as an accident is essential. Take pictures at the accident scene if you can.
If you are involved in a South Carolina car accident, don’t just swap insurance details and drive off. Call the police and ask them to file a report. Put your insurance company on notice that you have been injured in a crash caused by another party.
Give them the bare minimum of information they require, but you should not sign a recorded statement without legal representation.
Immediate Reactions to The Accident
Always seek medical attention immediately after an accident. The insurance adjuster will dispute or even deny your claim if you don’t have any hospital or clinic records to back up your injuries.
Some injuries may take a while to show signs. However, you should visit a doctor if you experience any sort of pain or discomfort after an accident. Getting therapy sooner rather than later increases your chances of recovering fully. Diagnostic imaging tests like MRIs and X-rays provide objective data that can help confirm the doctor’s suspicions.
You must also adhere to the prescribed course of treatment, which may include rehabilitative measures such as physical therapy.
Determining Whether You Have a Case
Contact a reputable personal injury attorney in South Carolina to discuss your legal possibilities after an injury. Most attorneys offer free consultations to discuss your case. Seek legal representation soonest possible to help you build a solid case.
Your lawyer can evaluate your case and help you determine if you have legal grounds for filing a claim. In South Carolina, getting injured on someone else’s property does not automatically give you the right to sue that person. Therefore, it is critical to find legal representation that is well-versed in the complexities of premises liability claims.
Building a solid case requires doing the legwork of investigating and collecting evidence. Depending on the specifics of your case, the investigation may take on many different forms.
Cameras are commonplace in public and business spaces. Some property owners, however, may only keep videos for a limited time. Hiring a lawyer to draft “spoliation letters” is crucial in this situation.
A spoliation letter requests that potentially negligent parties keep all relevant evidence safe for later use in a lawsuit. This letter requests that all pertinent evidence be kept in a secure location to safeguard your interests.
Negotiations with Involved Parties
Personal injury cases can often involve lengthy settlement negotiations. These negations are a crucial part of the claims process that requires skill and preparation. You regularly face off against formidable foes like corporations and insurance providers. Your lawyer should be able to use the facts of your case to negotiate the best possible settlement for you.
The threat of going to trial is the most powerful tool available to a good law firm. Hiring a lawyer that will prepare your injury case thoroughly and aggressively for trial is the best way to maximize and leverage results.
Filing a Lawsuit
The statute of limitations for filing personal injury claims in South Carolina is three years. However, there are exceptions to this statute, such as when the opposing party is a government body. Failing to file a claim in time can limit your right to seek compensation.
It is considerably more challenging to obtain sufficient evidence for a claim that occurred years ago, making it crucial to hire a lawyer as soon as possible. There is a natural decline in the quality of evidence and memory.
When seeking compensation for an automobile accident, a lawsuit may not always be necessary. It’s possible that filing an insurance claim will allow you to settle the matter and avoid going to court. A skilled and well-respected legal representative can be a considerable asset in such cases.
Litigation in Court
Litigation is the next step when attempts at settling through negotiation fail. Preparation and experience are essential for a successful trial process. Therefore, you should hire an attorney who is at ease in front of a jury and has a history of winning cases.
Knowing that you have solid legal representation on your side if litigation is necessary can bring significant peace of mind, even if you don’t think your case will end up in court.
Contact an Experienced Car Accident Lawyer in Greenwood, SC, Today
The measures mentioned above are just an outline; the specifics will vary depending on the circumstances. Find out more about your specific situation by consulting with a personal injury attorney.
The compassionate lawyers at ASB Law Firm have secured fair compensation for countless South Carolinians who have been wounded in accidents. Everyone engaged in a car accident, from the injured driver to their loved ones who must deal with growing medical bills and future uncertainty, knows how difficult and stressful this situation can be.
Call Ayers Smithdeal and Bettis PC today at (855) 213-4405 if you or a loved one has been injured in a South Carolina accident.