After suffering an injury due to someone else’s actions in South Carolina, you might feel overwhelmed about what comes next. The personal injury claim process can seem challenging, especially when you are dealing with physical pain, emotional distress, and mounting medical bills. At Briggs Law Group, our Charleston personal injury lawyer breaks down this complicated process into manageable steps, giving you clarity during a challenging time.
What Qualifies as a Personal Injury Case in South Carolina?
A personal injury claim exists when someone suffers harm from an accident or injury for which someone else might be legally responsible. Common situations include:
- Car accidents caused by negligent drivers
- Slip and fall incidents on poorly maintained property
- Medical malpractice from healthcare providers
- Defective product injuries
- Dog bites or animal attacks
- Workplace accidents
South Carolina personal injury laws allow victims to seek compensation when another party’s carelessness, recklessness, or intentional actions cause harm. The key element is establishing that another party failed in their duty of care toward you.
The Step-by-Step Personal Injury Claim Process
Here is a step-by-step process for personal injury claims in South Carolina;
Step 1: Medical Treatment
Your health comes first. Seek immediate medical attention following any injury. This provides two crucial benefits: it ensures you receive proper care and creates official documentation linking your injuries to the incident. Medical records serve as vital evidence in personal injury claims, establishing the nature and extent of your harm.
Continue following all treatment plans from your healthcare providers. Gaps in treatment can weaken your claim, as insurance companies might argue your injuries were not serious or were caused by something else.
Step 2: Consulting a South Carolina Personal Injury Attorney
While not mandatory, hiring an experienced attorney dramatically improves your chances of fair compensation. During your initial consultation at Briggs Law Group, we evaluate your case, explain South Carolina laws relevant to your situation, and outline potential compensation paths.
Look for a personal injury attorney with specific experience handling personal injury cases in South Carolina courts, as local knowledge makes a difference. Our South Carolina personal injury attorneys understand both state regulations and the tendencies of local insurance companies, giving you an advantage throughout negotiations.
Step 3: Investigation of Your Claim
Once you partner with an attorney, they launch a thorough investigation. This typically includes:
- Gathering police reports and incident documentation
- Collecting medical records and bills
- Interviewing witnesses
- Taking photographs of the accident scene and injuries
- Consulting with experts when necessary (medical professionals, accident reconstructionists, etc.)
- Reviewing relevant laws and similar case outcomes
This investigation builds the foundation of your claim, establishing liability and documenting damages. Strong evidence creates leverage for negotiations and prepares your case should it proceed to trial.
Step 4: Filing Insurance Claims
Most personal injury cases begin with insurance claims rather than lawsuits. Your attorney will submit a claim to the relevant insurance company, whether that involves auto insurance, homeowner’s insurance, or business liability policies.
The claim includes details about the incident, documentation of your injuries, and often a demand letter outlining compensation sought. Insurance companies frequently respond with their investigation and may request additional information or statements.
Step 5: Negotiation Phase
After reviewing your claim, the insurance company typically offers an initial settlement—usually much lower than your claim’s actual value. This begins the negotiation process between your attorney and the insurance adjusters.
Strong evidence collected during the investigation supports demands for fair compensation. These negotiations require skill and persistence. Insurance companies train their representatives to minimize payouts, making experienced legal representation crucial during this phase of the personal injury process.
Step 6: Filing a Lawsuit When Necessary
If negotiations stall or the insurance company refuses fair compensation, your South Carolina personal injury lawyer may recommend filing a lawsuit. This formal legal process begins with filing a complaint in the appropriate South Carolina court, officially starting litigation.
Filing a lawsuit does not mean your case will necessarily go to trial. Many cases settle during litigation as the reality of court proceedings motivates insurance companies to offer more reasonable settlements.
Step 7: Discovery and Pre-Trial Procedures
During discovery, both sides exchange information through:
- Written interrogatories (questions requiring written answers)
- Requests for documents
- Depositions (sworn testimony from parties and witnesses)
This phase helps each side assess the strengths and weaknesses of the opposing case. Pre-trial motions and hearings address legal issues before trial, potentially narrowing the scope of the case or resolving certain matters.
Step 8: Mediation and Settlement Conferences
South Carolina courts often require mediation before allowing cases to proceed to trial. During mediation, a neutral third party works with both sides to find common ground and possibly reach a settlement. Many personal injury claims resolve during this stage.
Settlement conferences provide another opportunity for resolution, with the judge facilitating discussions between parties. These structured negotiations often succeed in avoiding trials.
Step 9: Trial (If Necessary)
If all settlement attempts fail, your case proceeds to trial. During a trial, both sides present evidence and arguments to either a judge or a jury. Trials follow established procedures where each side can:
- Present opening statements
- Call witnesses
- Introduce evidence
- Cross-examine opposing witnesses
- Deliver closing arguments
After deliberation, the judge or jury renders a verdict determining liability and damages. While most personal injury claims settle before reaching this stage, our attorneys prepare every case as if it will go to trial.
Compensation in South Carolina Personal Injury Cases
South Carolina law allows injury victims to seek various types of damages, including:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The value of your claim depends on factors such as injury severity, impact on your life, clarity of liability, and insurance policy limits. Documentation proves crucial in establishing these damages.
South Carolina Comparative Negligence Laws
An important aspect of the South Carolina personal injury process involves comparative negligence rules. Under this system, your compensation may be reduced by the percentage of fault in causing the accident. If your responsibility exceeds 50%, you cannot recover damages at all.
For example, if you are found 30% responsible for an accident and your damages total $100,000, you would receive $70,000 (the total minus your 30% fault). Insurance companies often try to shift blame to injury victims, making skilled legal representation essential in protecting your rights.
Get In Touch With Us Today
At Briggs Law Group, we guide clients through this challenging process with personalized attention and strategic advocacy. If you have experienced an injury due to another person’s actions, contact our team to discuss your rights and options under South Carolina law.