The length of time a personal injury case takes in South Carolina can depend on many different factors. The nature and complexity of the underlying incident, the extent of your injuries and treatment, and the communication and negotiations with the liable party or their insurance provider can all impact the amount of time it takes to resolve your case. If filing a lawsuit becomes necessary, the time frame may extend further.
In this article, we will take a closer look at those factors. We will also discuss how a South Carolina personal injury attorney can help you to pursue the compensation you need after an accident. To discuss the specific facts of your case and get a better idea of the timeline that may lie ahead, call or reach us online today. At McKinney, Tucker & Lemel, LLC, our goal is to help you return as quickly as possible to the life you had before your injury.
What Is the Typical Timeline of a Personal Injury Case?
You can expect your personal injury lawyer to start by thoroughly investigating the circumstances that caused your injury. The goal is to determine who should be held liable for the injuries that you have suffered. In many cases, multiple parties may be liable.
The insurance company will conduct its own investigation. If the insurance company is willing to accept the liability of its insured, and the company makes a settlement offer that provides full and fair compensation, the case may be resolved at that point. If the case cannot be settled, your lawyer will consult with you on filing a lawsuit as the next step.
While this process may take time – anywhere from months to a couple of years – most personal injury lawyers will try to resolve cases fairly and quickly, either through settlements or litigation.
What Factors Can Extend the Timeline of My Case?
At McKinney, Tucker & Lemel, LLC, we believe it’s important for people to understand the factors that can affect the resolution of their personal injury claim. Those factors include:
- Medical treatment needed — Depending on the severity and nature of your injuries, you may require extensive medical treatment or therapy. The more medical care you require, the longer it might take to resolve your case. Your attorney will need to calculate your past medical expenses and any future medical expenses you might incur.
- Investigation — An investigation of the accident that injured you could take longer if the accident is complex. For example, if you were injured at a manufacturing facility, an expert may need to inspect the machine involved in your injury and prepare a report. The timeline of your case could also be extended by the insurance company’s investigation.
- Liable parties — In some personal injury cases, several parties could be responsible for a victim’s physical, emotional, and financial harm. For instance, a truck driver and trucking company could both be liable in a trucking accident. The more parties that are potentially at fault, the longer the investigation could be. The parties may also disagree on liability or try to shift blame to the other side.
Will My Case Go to Court?
Whether your case will go to court typically depends on the complexity of the accident, the severity of your injuries, and the insurance companies involved. Most personal injury cases settle, without going to court. Trials can be expensive and time-consuming. However, if the insurance company is unwilling to settle for the amount you deserve, it might be necessary to file a lawsuit and go to trial to pursue just compensation.
Is There a Time Limit in South Carolina for Filing a Personal Injury Claim?
The statute of limitations in South Carolina for filing a personal injury lawsuit is three years. In other words, you have three years from the date of an injury to file a lawsuit against any of the at-fault parties. South Carolina law provides only a few exceptions to this deadline. So, it’s crucial to speak to an attorney immediately after an accident of any kind occurs.
What Are the Consequences of Missing the Deadline? Can It Be Extended?
If you miss the statutory three-year deadline to file a personal injury lawsuit, your case could be dismissed. In turn, you could lose your right to pursue compensation for your injuries and losses in court. You must contact a personal injury lawyer as soon as possible after your accident to ensure you comply with all filing deadlines. A personal injury attorney can evaluate your case and determine if an extension of the deadline is possible.
The statutory deadline is not binding on insurance settlements. However, the ability to threaten a lawsuit can provide leverage in settlement negotiations with the insurance company. For this reason, you should not delay meeting with a lawyer after an accident.
What Compensation Can I Ultimately Recover?
In a personal injury claim, you can pursue compensation for all financial and personal losses resulting from an injury. The amount will depend on the circumstances. The damages typically include:
- Medical expenses related to treating your injury, including hospital stays, ER visits, doctor’s appointments, physical therapy, diagnostic testing, medications, and medical equipment.
- Lost wages if you cannot work while healing from your injury.
- Loss of future earning capacity (if your injury prevents you from returning to work or seeking gainful employment)
- Physical pain and suffering
- Emotional trauma and distress
- Loss of enjoyment of life.
Our South Carolina Personal Injury Lawyers Are Ready to Help You
The experienced personal injury attorneys at McKinney, Tucker & Lemel, LLC, are here to assist you with your personal injury case. We understand that the legal process may be unfamiliar and intimidating. Our attorneys will guide you through each step as we work toward a resolution. From investigating the accident to negotiating with insurance companies, we have the experience to make this process as smooth as possible. To learn more, contact us today and get started with a consultation.
