When you get in a car wreck or suffer some kind of personal injury in South Carolina, like from a truck wreck or catastrophic accident, you might be curious how long it will take for your case to resolve. A lot of factors go into determining that issue, including whether or not you are able to reach a settlement or not, what kind of case it is, how much you are injured and how much your property is damaged, the value of the case, and the amount of insurance coverage that is available. The important thing is to find a South Carolina personal injury firm that you trust to help navigate you through the process.
Generally, your lawyer is going to advise you to allow your damages to develop before trying to settle a claim. If you try to settle immediately after an injury happens, you may not know how badly you are hurt. Often, an insurance company may make an offer to settle the case quickly for an amount that may be far lower than the actual value of your case. A good lawyer will advise you to begin treatment with a healthcare professional who can guide you in your healing process. Once you have reached the point where you are healed, or know that you cannot get any better, or establish that treatment will continue long term, then your lawyer will have a better idea of how to value your case when they make a demand on your behalf.
In South Carolina, your lawyer will often send what is known as a demand letter to the at-fault party or to their insurance company. This is basically a letter that says that if you aren’t paid a certain amount of money for your injuries, then you will file a lawsuit. Sometimes, these demands are “Tyger River” demands, which are a specific kind of demand letter named after a famous South Carolina legal case. When your lawyer sends a Tyger River demand, then you are demanding that the insurance company pay the total value of a policy. In exchange, you give up the right to pursue the personal assets of the person who harmed you. Generally, this makes sense for many injured people, as collecting on judgments from individuals can often be fairly difficult.
At-fault parties and their insurance companies may not want to settle for a variety of reasons. In some cases, they may deny liability and say your injuries aren’t their fault. They may also accept liability but dispute which injuries were caused by the at-fault party and which injuries are pre-existing or caused by another incident. In some cases, they may think your settlement demands are too high. In other cases, they may believe that delaying payment is worth the cost of defending it. In short, there are a number of reasons for an at-fault party and their insurance company to not settle right away.
If the at-fault party or their insurance company doesn’t reply to the demand letter with a satisfactory offer of settlement, your lawyer will discuss with you about moving forward with a lawsuit. Your lawyer will keep an eye out and make sure that your lawsuit is filed before the statute of limitations for your case. Different types of cases have different statutes of limitations.
Unfortunately, deciding to file a lawsuit is not the end of the story. First, your lawyer has to initiate the lawsuit by drafting and filing a Summons and Complaint. Then, it has to be served on the at-fault party. Then, they have to have a chance to file what is known as an Answer. They may also file a Motion to Dismiss. Then, you will have to go through the Discovery process. This involves serving and answering Requests to Admit, Interrogatories, and Requests for Production. Additionally, there may be multiple depositions in a matter. In South Carolina, you will also be required to mediate your case in certain courts. Likely, the at-fault party will also file a Motion for Summary Judgment at some point as well to try to get your case dismissed. All of this will likely have to happen in your case before you ever get a chance to go to trial. But a trial may be your best option for your story to be heard and it may be your best option for you to get what you deserve in your injury lawsuit.
All of the different potential outcomes and different factors for each case can lead to a variety of timeframes for different cases. Some cases resolve quickly, especially if the injuries are minor and liability is clear. Some cases may take years, especially in cases where liability is disputed or the damages are high. You need to communicate with your lawyer about what your goals are for each case. You also need to be patient and allow your lawyer the time to work on your case. Once a lawsuit is filed, you and your lawyer’s schedules aren’t the only ones that have to be considered. Your lawyer is having to coordinate with the schedules of other attorneys, witnesses, experts, and all number of people involved in the system. All of this while dealing with an opposing party who is actively trying to keep you from taking their money.
It is important to have a lawyer that you trust and who you enjoy working with to fight for you in this process. Your lawyer will guide you in making the best decisions for you and your family so that you can focus on healing, restoration, and living your best life after you are in an accident. Find a South Carolina who you believe has your best interests at heart. Saluda Law is ready to talk to you today.
