Lee County Personal Injury Lawyer

With so much to keep track of during a personal injury case, plaintiffs benefit from having our lawyers handle their cases. Not only can we confirm and abide by the filing deadline, but we can also guide you through everything that happens before and after we file your lawsuit.

Most personal injury plaintiffs have three years to file their lawsuits in South Carolina. Several tolling exceptions exist, including those for plaintiffs who were injured as minors and for those who were injured by defendants who leave the state. After we file, we may negotiate a settlement, avoiding a trial altogether. Some lawsuits go to court, yielding large jury awards when our attorneys prove fault.

Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case assessment from our personal injury lawyers.

When is the Filing Deadline for Personal Injury Cases?

Generally, the filing deadline for personal injury cases is three years from the date of injury. Sometimes, the statute of limitations gets “tolled.” Instead of starting to run on the date of injury, the three-year countdown begins later, giving plaintiffs longer to sue. Stick to your filing deadline, as missing it blocks you from recovering damages.

If the Plaintiff is Hurt as a Minor

Like other states, South Carolina tolls the statute of limitations for anyone injured as a minor. The date of accrual, or the date the statute of limitations begins, is the victim’s 18th birthday. This is in accordance with S.C. Code Ann. § 15-3-40, which also tolls the statute of limitations for plaintiffs who are legally insane.

If your child was injured as a minor, you can bring a personal injury claim on their behalf sooner to get compensation for their medical damages and other losses.

If the Defendant Leaves the State

A negligent party leaving the state does not work against you as the victim of a personal injury. Under § 15-3-30, the statute of limitations pauses when the defendant leaves the state. It will resume again when the defendant returns to the state. This often confuses plaintiffs, and our lawyers can confirm your exact filing deadline for a lawsuit against a defendant in this scenario.

If the Plaintiff Discovers Injuries Later

Some victims discover injuries days, weeks, and even months later. Delayed discovery tolls the statute of limitations. You should have three years from the date of discovery to sue. To get tolling for this reason, we must show you could not have reasonably discovered your injuries sooner, which medical experts can help with through their statements.

Can You Rush Filing a Personal Injury Lawsuit?

Rushing to file a case before it is strong enough to succeed is inadvisable. While our personal injury lawyers will not delay your recovery any longer than necessary, we will also spend time building a complete case so that it is viable upon filing.

If you rush your case, you may underestimate your injuries or damages. This often leads victims to accept bad settlements.

Rushing filing might also mean you do not have enough evidence to prove liability. You also need evidence to get a good enough out-of-court settlement, and that comes with an in-depth investigation.

What Happens After You File a Personal Injury Case?

Many victims are unfamiliar with the different stages of personal injury lawsuits, all of which our lawyers can explain and handle after taking on your case.

Discovery

After a civil lawsuit is filed, the discovery phase begins. At this point, we can request evidence and information from the defense, and the defense can do the same. The discovery stage allows us to demonstrate the strength of our case, potentially convincing the defendant to settle quickly.

The defense might depose you during the discovery phase. During a deposition, the defense asks general questions about your injuries, the accident, and other information it wants to learn. We will prepare you for depositions similarly to how we will prepare you to testify in case your lawsuit goes to trial.

The defense may refer to your deposition during your in-court testimony, so statements must be accurate and consistent.

Settlement Negotiations

Personal injury claims often settle without trials. Settling does not mean you have to make many concessions when you let us negotiate a fair amount on your behalf.

Avoid accepting the first offer you get, even if it seems fair. You may have upcoming medical expenses and other damages to consider, and we will only suggest you accept a settlement that benefits you.

Settlement negotiations for each case vary in length. Convincing evidence and aggressive tactics may expedite settlement talks, allowing you to receive compensation sooner. That said, you cannot force the defense to settle for a large amount, and you do not have to accept less than you deserve in these situations. Instead, you can go to trial.

Trial

Not all personal injury lawsuits end in trials. Even if you go to court, we may get a sizeable settlement offer from the defense that ends the trial prematurely.

Trials can be intimidating for victims, but our lawyers can explain what to expect, making you feel more comfortable going to court. We handle all the preparation work ahead of a trial, such as organizing evidence and arguments into a compelling presentation. We can make you confident about your testimony by reviewing all the questions we plan to ask and those we anticipate from the defense when they question you.

Personal injury trials may move quickly once they officially begin in court. If the jury finds the defendant liable, it will also award you compensation. Damages from jury awards are sometimes bigger than settlements defendants are willing to pay, though that is not always the case.

Call Our Lee County Attorneys for Help Today

Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case review from our personal injury lawyers.