A car accident can leave you dealing with injuries, stress, and unexpected expenses if you’re pursuing a lawsuit in South Carolina. Understanding how the process works can help you take the right steps and improve your chances of receiving fair compensation for your losses.
When Should You File a Lawsuit?
One of the most common questions after a car accident is when to file a lawsuit. While many claims are settled through insurance negotiations, there are situations where filing a lawsuit is necessary to recover damages.
South Carolina’s Statute of Limitations
In South Carolina, you must file a personal injury or property damage lawsuit three years from the accident date. Missing this deadline can cost you your right to compensation. Some exceptions apply, like lawsuits against government entities. Talking to an attorney early on helps you stay within the deadlines.
Reasons to File a Lawsuit
You might need to file a car accident lawsuit if:
- The insurance company refuses to offer a fair settlement.
- The at-fault driver is uninsured or underinsured.
- Your medical bills, lost wages, and other expenses exceed policy limits.
- Liability is disputed, and you need legal intervention to prove negligence.
Filing a lawsuit might be the only way to get your compensation and hold the other party accountable, especially when the insurance company won’t play fair.
Steps in the Car Accident Lawsuit Process in South Carolina
Filing a lawsuit after a car accident involves multiple steps. While every case is different, the general process remains the same.
Initial Consultation and Case Evaluation
The first thing you’ll want to do is meet with a personal injury attorney who can review your accident’s details. During this consultation, you’ll talk about:
- How severe your injuries are
- The medical treatment you’ve had so far
- Insurance coverage and what’s available
- Any evidence you’ve gathered (police reports, photos, witness statements, etc.)
From there, the lawyer will let you know if filing a lawsuit makes sense for your situation.
Investigation and Evidence Gathering
Once you move forward, your attorney will gather evidence to build your case. This process involves:
- Getting copies of police reports
- Reviewing medical records
- Collecting witness statements
- Looking over accident scene photos
- Bringing in accident reconstruction experts if needed
The stronger your evidence, the easier it is to prove negligence and push for the compensation you’re owed.
Filing the Complaint
If the insurance company won’t agree to a fair settlement, your attorney will file a complaint in a South Carolina court. This document includes:
- What happened and how the accident occurred
- The injuries you suffered
- The amount of compensation you’re pursuing
- How the other party’s negligence played a role
Once the lawsuit is filed, the at-fault party will be served with the complaint, officially notifying them that they’re being sued.
The Discovery Phase
During the discovery phase, both sides share information relevant to the lawsuit. This process includes:
- Interrogatories – Written questions that each party has to answer under oath
- Requests for Documents – Things like medical records, accident reports, and other key evidence
- Depositions – Sworn statements from witnesses, experts, and both parties
Discovery gives attorneys a better understanding of the strengths and weaknesses of each side’s arguments, helping them prepare for what’s ahead.
Settlement Negotiations
Most car accident lawsuits don’t make it to trial because attorneys usually negotiate a settlement. Mediation might come into play if they can’t agree, where a neutral third party helps both sides try to work things out.
Settling outside of court can save time and money, which is why it’s often the better option. But if there’s no agreement, the lawsuit moves forward to trial.
Trial Proceedings
Your lawsuit will go to trial if a fair settlement isn’t reached. Here’s what to expect:
- Jury Selection – A jury is chosen to hear the lawsuit.
- Opening Statements – Both sides explain their arguments.
- Presentation of Evidence – Testimonies, accident reports, and expert opinions are introduced.
- Cross-Examinations – Each side questions the other’s witnesses.
- Closing Arguments – Attorneys make their final points.
- Verdict – A judge or jury decides the outcome.
Trials can take time and might feel like a lot to handle, but they allow you to fight for the full compensation you’re owed.
Post-Trial Motions and Appeals
If you win, the defendant might file an appeal, dragging things out. Should you lose, you may be able to appeal the decision yourself. If it comes to that, a reasonable attorney will walk you through what to do next.
Proving Negligence in a Car Accident Lawsuit
To win a personal injury lawsuit, you must prove that the other driver was negligent. Negligence is established through four key elements:
- Duty of Care – The defendant had a legal duty to drive safely.
- Breach of Duty – The defendant failed to uphold that duty.
- Causation – The breach directly caused the accident and your injuries.
- Damages – You suffered financial, physical, or emotional harm as a result.
Evidence like accident reports, medical records, and expert testimony is critical in proving negligence.
Settlement vs. Trial: Which is Better?
One of the biggest decisions in a car accident lawsuit is settling or going to trial.
Advantages of settling include:
- Faster resolution
- Lower legal costs
- Avoiding the uncertainty of a trial
Advantages of going to trial include:
- Potential for a higher payout
- Holding the negligent party fully accountable
- Allowing a jury to decide the case
A lawyer can help you weigh these options and decide the best path forward.
How Long Does a Car Accident Lawsuit Take?
The legal timeline for personal injury cases varies. Some cases settle in a few months, while others take years if they go to trial. Factors that influence the timeline include:
- Complexity of the case
- The willingness of insurance companies to negotiate
- Court schedules and backlog
- Whether an appeal is filed
Your attorney will keep you updated throughout the process so you know what to expect.
Get Legal Help from Murphy Crantford Meehan
Filing a car accident lawsuit can feel like a lot, but you don’t have to do it alone. The attorneys at Murphy Crantford Meehan are here to help you fight for the compensation you’re owed. Whether it’s dealing with the insurance company or taking your lawsuit to court, we’ll be by your side through it all.
Call (843) 832-1120 today for a free consultation, or visit us online to get started.
