Medical negligence, car accidents, defective products, dog bites, slip and fall injuries…
The list of personal injury accidents can go on and on. The thing that should be noted is that all the above-mentioned accidents can result in grievous injuries. While some of them might not be fatal, it is true that a lot of individuals lose their lives every year in personal injury cases.
If you are looking to file a personal injury lawsuit in the state of South Carolina, you should be aware of the facts. This is because the rules and regulations governing the administration of personal injury lawsuits differ from state to state.
If you are not aware of the specifics of filing one in South Carolina, you might not get the desired solution in the form of settlement claims or compensation you are looking for. This is going to cause an unnecessary financial burden on top of the turmoil you are going through.
In this resource article, we are going to list seven important things you should know when filing a personal injury lawsuit in the state of South Carolina. If you or someone you know is looking to file a personal injury claim, you should check out what we have to say in the article.
Filing a Personal Injury Lawsuit: Is it absolutely necessary?
The first thing that you should note is that there is a difference between a personal injury claim and a lawsuit. If you have been injured because of the irresponsible actions of someone else, you need not file a lawsuit right at the beginning.
This is because, in most instances, the insurance company of the person responsible for the accident and the consequent injury will help you with the compensation amount required.
Yet, it has been found that in a majority of cases, insurance companies have been found to strongarm victims into accepting lower amounts of compensation than they are rightly entitled to. The reason is simple- every time an insurance company pays, it compromises its profits.
You should be looking to file a personal injury lawsuit if-
- You find that the insurance company is purposely delaying the disbursal process for the compensation.
- The person responsible for the accident is hesitant to share their insurance details with you.
- The extent of damages is far beyond what the insurance company can pay as part of its coverage.
In such instances, you need to hire a personal injury attorney South Carolina and take the case to court to help you get what you deserve in terms of the losses suffered.
7 Things you should know when Filing a Personal Injury Lawsuit in South Carolina:
1. Hiring a Personal Injury Attorney-
Studies have shown that individuals that lawyer up when filing a personal injury lawsuit are able to recover far more than people who go at it alone. This is why the first thing you should do when you want to move the case from a claim to a lawsuit is to hire an experienced personal injury attorney for your case. This will allow you to focus on getting better physically.
2. South Carolina has a Statute of Limitations-
The period of filing a personal injury lawsuit in the State of South Carolina is fixed. The term period for the same is 3 years from the date of the accident. You need to file a personal injury lawsuit within the three-year period, or it will not be entertained by the courts thereafter. Make sure that you are not delaying it indefinitely since it sends the wrong message to the court.
3. Never sign anything given to you by the Insurance Company of the accused-
You have no idea about the extent insurance companies can go to save their skin. They do not want to pay up. This makes them resort to unfair means like asking you to sign complicated paperwork that might compromise the integrity of the personal injury case. It is best that you refer all official documents sent to you by the insurance company to your attorney.
4. A Personal Injury Lawsuit can be won even before the start of the court proceedings-
Yes, there are two main ways how you can win a personal injury lawsuit. When you file a case, the lawyer and insurance company of the accused will try to get the case settled before it goes to trial if they believe it will help them minimize the settlement amount. On the other hand, a case can go to the Jury for their decision, and whatever the court orders will have to be paid.
5. The point of a Personal Injury Lawsuit is to Fix Fault or Negligence-
There is only one way to get the settlement compensation you want- fix negligence. You need to prove that the accident and the subsequent injuries were squarely the faults of the accused. In other words, it was their negligence that resulted in you receiving injuries and spending time in the hospital. This is what will help you get the maximum traction for your lawsuit.
6. Gathering evidence and building a solid personal injury lawsuit is a top priority-
In most personal injury lawsuits, it all boils down to the nature of the evidence that is being presented in support of your claims. This is where an experienced personal injury attorney and their team of investigators can prove to be an invaluable asset for your lawsuit. They will be able to gather evidence whose examination will be able to establish the guilt and negligence of the accused.
7. Personal injury lawsuits can drag on for months and be very time-consuming–
Yes, it is true that some personal injury lawsuits are settled within a month, whereas others can run for one or even two years. There is a certain sense of the complexity involved when it comes to personal injury lawsuits. You need to be prepared for the long haul if you want to see this through. Make sure that you pay attention to the fees for your personal injury attorney.
The Final Word
When it comes to personal injury lawsuits and the claim amount, it is not only about helping you pay the medical bills. If the injury is serious, you need to ensure that the compensation that is being offered makes up for lost wages, takes care of the medical care you need during the recovery stage, and more.
If you have any more questions regarding personal injury lawsuits in the State of South Carolina, please let us know in the comments section below.
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