When you are injured in an accident, it is easy to feel overwhelmed and flustered. Understanding what to do after an accident caused by negligence will help you pursue a personal injury claim later on. Always take photos of your injuries and the accident scene and seek medical attention if you’re injured. Write down what happened while it is still fresh in your mind so you don’t forget critical details, and keep a journal of your medical appointments and how you’re feeling day to day thereafter. If there are any witnesses to the accident, gather their contact information so you can use their statements later.
In South Carolina, your employer or their workers’ compensation insurance provider typically selects the doctor you must see for treatment. If you choose to see your own doctor without approval, your medical expenses may not be covered. However, if you’re unhappy with your assigned doctor, you may request a second opinion or a change in physician through the South Carolina Workers’ Compensation Commission.
Yes, you may still have a personal injury claim in the absence of pain or obvious injury, as it is normal to not feel injured directly after a negligent accident. When you are hurt, the body floods with adrenaline, which can block pain receptors in the brain. You may feel injured or notice new wounds a few hours (or even a few days) after the accident. It is always best to seek medical attention immediately after your accident, even if you do not feel injured. A medical professional will check you for underlying or internal injuries that may not be obvious from the outside.
After an accident, you will likely be contacted by an insurance agent. Generally, speaking with an insurance adjuster without legal representation is not a good idea. Insurance agents are looking for a way to deny your insurance claim so they can make more money. Even innocent-sounding statements—like asking, “How are you?” to which you reply “fine”—could be used against you as a reason to deny your claim. If you are contacted by an insurance adjuster, give them the number of your personal injury attorney, and don’t speak to them yourself.
South Carolina follows a modified comparative fault rule, meaning yes—you can still recover compensation if you are less than 51% at fault for an accident. This rule is common in auto accidents where both drivers may share responsibility. The insurance company or a jury will determine fault percentages, and your compensation will be adjusted accordingly. Even if you were partially at fault, you may still have a case.
For workers’ comp claims, you must notify your employer within 90 days and file any legal claims within two years. There may be some allowable exceptions to the rule, but in general, it is best to file your claim as soon as possible to avoid running out of time.
In South Carolina, you generally have three years from the date of the accident to file a personal injury claim. This statute of limitations helps preserve evidence and witness testimony. However, certain exceptions may extend this period—for example, if the defendant tries to evade service or if your injuries weren’t immediately apparent. If your case involves a work-related injury and you’ve missed the workers’ comp filing window, you may still have up to a year to pursue a personal injury lawsuit, depending on the circumstances.
While going to trial for a personal injury claim is always an option, most personal injury cases are resolved through negotiations outside the courtroom. Cases will often go to trial when the facts of the accident are questioned or when there is a contested legal issue. Working with a personal injury attorney is the best way to settle your case quickly and without paying the fees associated with a court trial.
A personal injury lawsuit can take as little as a few months or as long as several years, depending on the complexity of the case and success of early negotiations. Because personal injury lawsuits are all different, they all have different timelines. Generally, lawsuits settled outside of court are much faster than lawsuits involving a trial. Similarly, any personal injury claims that involve large amounts of money often take longer, as the defendant and the insurance company will likely fight harder to avoid paying. The best way to expedite the personal injury lawsuit timeline is by working with an experienced personal injury lawyer who has your best interests in mind.
A personal injury case can be worth anywhere from a few thousand dollars to millions, depending on the circumstances. Factors like medical expenses, lost wages, pain and suffering, and the severity of your injuries all impact the final settlement or verdict. Liability, insurance coverage, and the strength of the evidence also play a crucial role in determining compensation.
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