A Charleston Personal Injury Attorney Answers Your Legal Questions
You may be overwhelmed with questions after your injury, but we have the answers. Browse or search through our FAQ to get the facts on filing a personal injury lawsuit in South Carolina, including how to gather evidence and speak to representatives from the other side.
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How long does a personal injury lawsuit take until I receive compensation?
It truly depends on the severity of the injury and complexity of the case at hand. Often times, such as an automobile accident, claims may settle prior to filing a lawsuit and only take a month to several months to settle. However, for more complex cases such as medical malpractice and product liability claims, extensive investigation and document gathering must be done prior to filing suit and may take several months until the claim is even ready to be filed. Once filed, discovery in complex cases can easily last a year or two. Usually cases are mediated within one year of filing suit. If your personal injury requires a trial, it is not unusual for the it to take up to three years or longer until it is fully resolved.
How long do I have to file a personal injury claim?
A person only has a certain amount of time to file a personal injury claim and must be filed within what is referred to as the statute of limitations. Under South Carolina law S.C. Code Ann. § 15-3-530(5), the statute of limitations for a personal injury claim is three years. Specifically, the statute provides that a person has three years from the time they knew they had a cause of action, or by reasonable diligence should have known they had a cause of action, to file suit for a personal injury claim. In personal injury claims such as a car accident or premises liability claim, the timing is simple and is generally three years from the date of the accident. However, often times in other cases such as medical malpractice or product liability from a prescription drug, one may not experience side effects until later down the road and the timeline is not as clear cut. In general, with any type of claim, it is generally best to commence action as soon as practical. If you think you may have a personal injury claim but are not sure if you still have time to bring it, contact a South Carolina personal injury lawyer who can answer your questions and provide information for you.
What is “personal injury?”
A personal injury claim is simply a legal remedy that allows an individual to file a lawsuit in civil court and receive compensation as a result of an injury they have received that was caused by another person or corporation’s negligence. Under the civil legal system, the only type of compensation one is entitled to is in the form of monetary damages. Any type of criminal liability as a result of a personal injury claim would be handled under a different legal claim. In a general sense, personal injury claims are usually the results of a physical injury that was caused by another person or corporation’s negligence, or an intentional act that causes physical injury but does not rise to the level of criminal liability. Beyond a physical injury, in my opinion, personal injury can also includes situations where one is harmed from a financial standpoint and seeks compensation in civil court.