A personal injury that was someone else’s fault can start a series of events that can alter and disrupt your life. It leads you from the scene of the incident, along the road to recovery, and finally to closure. You may be hurt at the moment of the accident, or the injuries may only become visible later. To make it even worse, repair and medical bills start arriving.
What are you supposed to do when an accident happens? Who should you call? If you need to, how do you file a personal injury claim? The accident may leave you very confused about the next steps, and under South Carolina personal injury laws you only have three years from the date of the incident to file a claim. That is why we put together a step-by-step guide that describes how to file a personal injury claim in South Carolina.
Immediately After an Accident
Every accident is different, and the first three steps may happen in a slightly different order. For instance, the police may show up before the ambulance arrives. However, the first three steps set the groundwork for the rest of the steps.
1. Get medical assistance
Get a medical checkup immediately after an accident. Your body will be in shock, and it is quite possible that you may not even know you have been injured. Certain injuries are slow to show up, and when they do, they typically cause issues. However, you are going to need the medical report when you file a personal injury claim in South Carolina, so make sure you get medical assistance.
2. Gather evidence
Gathering evidence starts at the time of the accident. If you are badly hurt, ask someone else to take photos for you. Evidence includes photographs, video footage, witness statements and their contact details, medical and police reports, and repair and medical bills. Remember to keep records of everything.
3. Report the accident and get a police report
A police report can be used to support your claim. The insurance company will need it, and your lawyer will request a copy as well. Often, a police report can be used to establish who was at fault. It will serve as an official record of the event. Witness statements, which are crucial in establishing the case’s facts, may also be included, and they are necessary for a personal injury claim in South Carolina.
4. Notify your insurance provider
You will need to contact your insurance provider to file a claim. In order to claim against the other party, they will need copies of the police and medical reports. Informing your insurance provider about what transpired is crucial in this case because failing to do so will make things more difficult in the future.
5. Contact your lawyer
The next major step is contacting your lawyer, and it is better to do that soon after the accident. Hiring someone who is familiar with similar personal injury cases will help make the process go more smoothly. In addition to explaining the potential damages you might be entitled to, your lawyer will be able to guide you through the claims process so you understand how to file a personal injury claim in South Carolina.
6. Legal investigations
Your lawyer will do his or her own investigations. They will go through witness statements, police reports, medical records, and any other receipts you present. They will thoroughly examine the evidence that you collected, so they fully understand your case. They would also establish how much fault you bear and therefore how much you should be able to claim in damages from the other party.
This step is very important because it can lay a solid foundation for your claim.
Initial Legal Steps
The next steps in how to file a personal injury claim in South Carolina can take you on a split path. On the one hand, matters can get resolved quickly, but if the following step does not result in a resolution, then you will have to take further steps in the legal process.
7. Send a demand letter
Your attorney will send a demand letter to the other party with information regarding your claim. In response, you may receive a counteroffer, be fully compensated, or your request may be denied. This is usually where negotiations start, and if the matter is resolved at this point, then a lawsuit can be avoided.
8. File a complaint
If the other party refuses to give you a fair legal settlement, you can instruct your lawyer to initiate legal proceedings as the next step in a personal injury claim in South Carolina. They will send a letter called a complaint, which is a formal claim against the defendant. It will describe the accident, detail why the other party is allegedly in the wrong, specify the damages, and request relief from the court.
The defendant has a limited window in which to reply with a responsive plea in a document called an answer. This will respond to each allegation and perhaps provide a defense.
The issues that need to be addressed in order to reach a fair settlement should be outlined in these two documents.
Final Legal Steps
Here matters can go in two different directions: settlement or a lawsuit.
9. Reaching a settlement
At any point, both parties could agree on a fair settlement for your personal injury claim in South Carolina. It can happen even after a lawsuit has been filed. In this instance, legal proceedings would end, and you would receive your compensation.
10. Discovery
If your lawyer files a lawsuit, the first stage is called “discovery.” Both parties exchange their evidence, which can be the physical evidence you collected earlier, or it could go to deposition. This is where everyone, including witnesses, would have to give sworn testimonies. It also gives you an opportunity to understand the opposition’s arguments.
12. Mediation
Before your case heads to trial, the courts may request mediation. This is where a third party meets with both parties and their attorneys. Although the mediator is not there to make decisions, they will try to get the parties to reach an agreement and settlement.
13. Trial
If mediation is unsuccessful, your personal injury claim will go to trial in South Carolina. Your case will be presented to a judge and possibly also to a jury. Here a decision can be reached about who is actually at fault and how much compensation is due. Although trials can be lengthy and unpleasant and are always unpredictable, it might be the only option if no settlement has been reached.
Conclusion
Every step in the claims process is about getting justice and fair compensation. Every case is unique, but you can follow these steps on how to file a personal injury claim in South Carolina to obtain the outcome you deserve. Remember to consult with an attorney who understands local laws, has a good reputation, and can fight for you to get fair compensation.
Contact Thomas Spiro Conits at Spartan Law to schedule a free consultation today. Dial 864-777-1000 to get a personal injury attorney on the phone. As a zealous advocate for justice, he will guide you through every step of the process of your personal injury claim in South Carolina.
