Every personal injury case begins in much the same way – with an unexpected event that changes someone’s life. One moment you’re driving home, walking in a store, or working your shift – the next, you’re dealing with pain, doctor visits, and medical bills.
It is common for injury victims to be overwhelmed by the process. Victims often wonder: “How long will this take?” or “What happens next?” The truth is, every case is unique. Still, most cases follow a general timeline. Understanding this process can help you prepare for what’s ahead and make informed decisions about your recovery.
Here’s how a typical personal injury case in South Carolina unfolds – from the moment of the accident to the final resolution.
The Accident and Initial Response
The first stage begins at the scene of the injury—whether it’s a car accident, slip-and-fall, workplace incident, or other type of accident.
Your immediate priorities should be:
- Seek medical attention, even if you feel fine. Many injuries, like concussions or soft-tissue trauma, appear hours or days later.
- Reporting the incident to the appropriate authorities – the police, your employer, or a property manager.
- Document everything – take photos of your injuries, the accident scene, and anything that might show what caused the harm.
- Collect contact information from witnesses or anyone involved.
These early steps not only protect your health but also form the foundation of your legal claim. Under South Carolina law, you generally have three years from the date of your accident to file a personal injury lawsuit. This is called the statute of limitations.
Consultation with a Personal Injury Attorney
Once your immediate medical needs are addressed, it’s time to speak with an experienced South Carolina personal injury lawyer. During your consultation, your attorney will review the facts, explain your legal rights, and determine whether negligence caused your injuries.
This step is critical. South Carolina follows an at-fault system. This means the person or company responsible for your injuries is financially liable for your damages. However, under the state’s modified comparative negligence standard, you can’t recover compensation if you’re found more than 50% at fault. Even a small percentage of fault could reduce your damage award.
Your lawyer’s job is to protect your claim from these challenges and ensure that fault is placed where it belongs. Your lawyer will work tirelessly to demonstrate that liability rests with the negligent party.
Investigating and Evidence Gathering
Once you hire an attorney, the real work begins behind the scenes. Your legal team will start a thorough investigation to build your case and prove negligence. In personal injury cases, the burden of proof lies with the plaintiff (the injured person).
You must show by a preponderance of the evidence, that:
- The defendant owed you a duty of care.
- The defendant breached that duty through negligent or reckless behavior.
- The breach caused your injuries.
- You suffered actual damages as a result (such as medical bills, lost income, or pain and suffering).
To prove these elements, your attorney may gather evidence like:
- Accident reports and police records;
- Medical records and bills documenting your injuries and treatment;
- Photographs or video footage from the accident scene;
- Eyewitness statements or expert testimony;
- Employment records showing time missed from work;
- Receipts and invoices for any related expenses;
- Expert reports from accident reconstructionists or medical specialists.
This evidence helps establish a clear link between the defendant’s actions and your injuries. This will strengthen your position during negotiations or a trial.
Demand Letter and Settlement Negotiations
Once your medical treatment has stabilized and your lawyer has gathered enough evidence, the next step is to send a demand letter to the at-fault party’s insurance company.
Your demand letter will outline:
- The facts of the case,
- The injuries you sustained,
- The financial and emotional impact the accident has had on you, and
- The compensation you’re seeking.
The insurance company will review your claim and respond with a settlement offer. This initial offer is usually lower than what you deserve. Negotiations will begin from here.
Your lawyer’s role is to:
- Present the evidence clearly and persuasively;
- Challenge attempts to undervalue your claim; and
- Push for a settlement that fully compensates you for your economic and non-economic damages (including medical costs, lost income, pain and suffering, and future expenses).
Many cases settle during this stage of the process. However, if negotiations stall or the insurer refuses to pay fairly, the next step is litigation.
Filing a Lawsuit
When a fair settlement can’t be reached, your attorney will file a complaint in civil court. This formally initiates your lawsuit. The next phase will be the discovery process, where both sides exchange information and evidence.
You may be required to:
- Answer written questions (called interrogatories)
- Provide documents related to your injuries and expenses
- Participate in a deposition, where attorneys ask you questions under oath
Both parties may continue to negotiate throughout discovery. The pressure of an upcoming trial often encourages insurers to make a more reasonable offer.
Settlement or Verdict
South Carolina courts often require mediation before a case goes to trial. Mediation aims to find common ground and resolve the case without the cost and uncertainty of a trial. Many cases settle at this stage. If no agreement is reached, however, the case proceeds to trial.
At trial, both sides present their evidence, question witnesses, and make arguments to the jury. Your attorney’s task is to persuade the jury that the defendant’s negligence caused your injuries and that you deserve full compensation.
The jury’s role is to render a verdict, which will decide:
- Whether the defendant is liable, and
- How much compensation (if any) you should receive.
If you win, the court enters a judgment in your favor. If you lose, your attorney can discuss appeal options.
Contact the Charleston Personal Injury Attorney at Ty Robinson Personal Injury & Car Accident Law Firm for Help Today
While every personal injury case is different, understanding the timeline and process can help you feel more confident. In South Carolina, where negligence laws can be complex, having the right lawyer on your team can make all the difference.
If you’ve been injured in an accident, don’t wait to take action. Reach out to Ty Robinson Personal Injury & Car Accident Law Firm at (843) 278-2222 today for a free case review. Our Charleston personal injury lawyer will explain your rights, evaluate your case, and start working toward the justice and financial recovery you need.