If you were injured in an accident, you may be considering filing a personal injury claim. However, many people make mistakes early in the process that can hurt their case. Before you file a claim, it is important to understand the law, deadlines, and insurance process. This personal injury claims advice guide, our Columbia personal injury lawyers explain what you should know before filing a claim in South Carolina.
Understand the Statute of Limitations First
One of the most important pieces of injury claim advice is understanding the statute of limitations. This is the deadline for filing a personal injury lawsuit. Under South Carolina Code § 15-3-530(5), the statute of limitations for most personal injury claims is three years. Under this law, a person generally has three years from the date of injury or from when the injury was discovered to file a lawsuit. If you miss this deadline, you may lose your right to recover compensation.
However, there are some exceptions:
- Claims against government entities may have a two-year deadline
- Claims involving minors may have extended deadlines
- The discovery rule may apply if the injury was not immediately known
Understanding the statute of limitations is one of the most important pieces of injury claims advice you can follow.
Seek Medical Treatment Immediately
Another important piece of personal injury claims advice is to seek medical attention immediately after an accident. Even if you think your injuries are minor, you should still see a doctor. Medical records are one of the most important pieces of evidence in a personal injury claim. Insurance companies often argue that injuries are not serious or were not caused by the accident if there is a delay in treatment. To be sure, medical documentation helps prove:
- You were injured
- The accident caused your injuries
- The severity of your injuries
- The cost of treatment
- Future medical needs
Without medical records, it can be very difficult to prove a personal injury claim.
Understand How Negligence Works in South Carolina
Most personal injury cases are based on negligence, which means someone failed to act with reasonable care and caused injury to another person. To win a personal injury case in South Carolina, an injured person must generally prove:
- The other party owed a duty of care
- The duty was breached
- The breach caused the accident
- The accident caused injuries
- The injured person suffered damages
South Carolina also follows modified comparative negligence rules. This means an injured person can still recover damages if they were partially at fault, as long as they were not more than 50% at fault. However, compensation is reduced by the percentage of fault. For example, if your damages are $100,000 and you are found 20% at fault, you would recover $80,000. Understanding comparative negligence is important because insurance companies often try to blame the injured person to reduce payouts.
Gather Evidence as Soon as Possible
One of the most important pieces of injury claims advice is to gather evidence immediately after an accident. Evidence can disappear quickly, and witnesses may forget what happened. Important evidence may include:
- Photos of the accident scene
- Photos of injuries
- Police reports
- Incident reports
- Witness statements
- Medical records
- Medical bills
- Pay stubs showing lost wages
- Insurance correspondence
The sooner evidence is collected, the stronger your case will be.
Be Careful When Talking to Insurance Companies
Insurance companies often contact injury victims shortly after an accident. One of the most important pieces of personal injury claims advice is to be careful what you say to insurance adjusters. Insurance companies may try to:
- Get recorded statements
- Get you to admit fault
- Minimize injuries
- Offer a quick settlement
- Ask for medical authorizations
- Delay the claim process
Remember, insurance companies are businesses. Their goal is often to settle claims for as little money as possible. You should never accept a settlement without understanding the full value of your claim.
Understand What Compensation You Can Recover
In a South Carolina personal injury claim, injured victims may be able to recover compensation for both economic and non-economic damages.
Economic damages may include:
- Medical bills
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Property damage
Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
- Disfigurement
In serious injury cases, non-economic damages can make up a large portion of the total compensation.
Know That Filing an Insurance Claim Is Different Than Filing a Lawsuit
Many people do not realize that filing an insurance claim is different from filing a lawsuit. This is an important piece of injury claim advice. Most personal injury cases start with an insurance claim, not a lawsuit. The typical process looks like this:
- Accident occurs
- Medical treatment begins
- Insurance claim is filed
- Investigation and evidence collection
- Settlement negotiations
- Lawsuit filed if settlement fails
The three-year statute of limitations still applies even while negotiating with the insurance company. If a lawsuit is not filed before the deadline, the claim may be lost.
Why You Should Talk to a Columbia Personal Injury Lawyer Before Filing
One of the most important pieces of personal injury claims advice is to speak with an attorney before filing a claim or accepting a settlement. A Columbia personal injury lawyer can help by:
- Investigating the accident
- Gathering evidence
- Calculating damages
- Handling insurance companies
- Filing legal paperwork
- Negotiating settlements
- Filing a lawsuit if necessary
- Representing you in court
Many injury victims accept settlements that are far less than what their case is actually worth because they do not understand the value of their claim.
Contact a Columbia Personal Injury Lawyer for Injury Claims Advice
Filing a personal injury claim can be complicated, especially if you are dealing with medical treatment, lost income, and insurance companies. Following the right personal injury claims advice early in the process can make a significant difference in the outcome of your case.
If you were injured in an accident, our Columbia personal injury lawyers at McCravy, Newlon & Clardy can review your case, explain your rights, and help you determine the best course of action before filing your claim. Personal injury cases are time-sensitive, so it is important to seek legal advice as soon as possible after an accident. Contact our office today for more information. We serve clients in the 29169 zip code and nearby areas.