The timeline for settling a car accident claim in South Carolina will depend on multiple factors. You could settle a relatively straightforward claim in weeks, while a more complex or disputed claim could take months or longer. The best way to estimate how long your case could take is to consult a knowledgeable South Carolina injury lawyer as soon as possible after a wreck.
Most car accident claims settle outside of court. Typically, cases that settle without a trial will resolve faster than those that go to trial. However, there are certain circumstances when cases must be tried in court. Taking a case to trial can add months or even years to the overall timeline for a claim.
Getting into a car wreck can be a very stressful experience, especially if you suffer an injury from the crash. And waiting for some unknown period to get the money you need makes the recovery process even more difficult. The good news is that you can work with a lawyer to settle for the compensation you need in a timely manner.
At McKinney, Tucker & Lemel LLC, our experienced South Carolina car accident lawyers can help you navigate the legal process and seek compensation for your injuries after a collision. We’re here to help you pursue the resources you need for a prompt and fair recovery. Contact our firm today for a consultation to discuss your claim with our attentive team.
What Factors Can Affect the Length of Time to Settle My Car Accident Claim?
Several factors can affect how long it takes to settle a car accident claim, such as:
- The severity of the injuries involved – If the injuries you sustained in the car crash are significant or require ongoing medical treatment, settling your claim could take longer.
- The degree of fault for each party involved – In some collisions, multiple people are at fault. Or the crash may have resulted from a mechanical or product failure. Your car accident claim will likely be more complicated and take longer to settle in these cases. It will be necessary to determine the degree of fault of those involved, which usually requires additional investigation.
- The insurance company’s behavior – If the insurance company agrees to settle your claim, your case could resolve relatively quickly. However, a lawsuit might be necessary if the insurance company does not agree to your demands after one or several rounds of negotiations. When a lawsuit is imminent, lawyers on both sides must take several time-consuming steps to prepare.
- The costs of necessary medical treatments – The worse the injury you sustain, the more medical treatment you will likely need. If you require ongoing medical care, your claim could take additional time to investigate the full extent of your injuries and the amount of compensation you could recover.
- Whether a lawsuit is necessary – Several additional factors could affect the timeline for your case if you need to file a lawsuit, such as the court’s caseload in your jurisdiction. Your case will be added to the list of all other cases pending in the court. If the court has a heavy caseload, it could take longer for the court to hear your case.
Is There a Time Limit for Filing a Car Accident Claim in South Carolina?
Yes. In South Carolina, you have three years from the accident date to file a personal injury lawsuit against an at-fault party. If you do not file your lawsuit within the appropriate time frame, the court will likely dismiss your case. You will lose the right to pursue the case further or recover any financial compensation from other parties. Because so many factors can delay your claim, it is essential to have an experienced attorney represent you and pursue your claim promptly.
Can the Severity of My Injuries Affect the Time for My Case to Settle?
The severity of your injuries can significantly affect the timeline for your car accident claim. You could settle your case quickly if you have relatively minor injuries. But if you have severe injuries that take a long time to treat or heal, your case will likely be lengthier and more complicated. You likely won’t be able to settle your claim until you reach a state called maximum medical improvement (MMI), which is the point in your recovery when your condition is unlikely to improve with additional treatment.
How Is Fault Proven in a Car Accident Claim?
A knowledgeable lawyer can help you identify and preserve valuable evidence as proof of fault in your car accident claim. Common examples of helpful evidence in car accident claims include:
- Police accident reports
- Photos of the accident scene, vehicle damage, and visible injuries
- Video footage of the collision
- GPS data and cell phone records
- Toxicology test results
- Statements from eyewitnesses
- Testimony from expert witnesses
What Happens If I Was Partly At Fault for the Accident?
In South Carolina, you can still file a car accident claim even if you were partly at fault for a wreck. However, the amount of money you can recover for your claim will be reduced based on your percentage of blame for the crash. And if the courts determine you are 51 percent or more at fault, you are totally barred from seeking compensation from other parties. A South Carolina injury lawyer can help you build a strong case that limits your fault and maximizes your settlement.
Contact a South Carolina Car Accident Lawyer
Pursuing a car accident claim is complicated, confusing, and time-consuming. Negotiating with insurance companies and other parties is difficult and stressful, especially when you’re already dealing with painful crash injuries. But you don’t have to face this fight alone.
At McKinney, Tucker & Lemel LLC, our attorneys have decades of experience standing up for local injury victims like you. We’re here to provide the professional, compassionate, and knowledgeable representation you need during all stages of the legal process. Contact our firm now to learn how we can help in a free initial consultation session.
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