Filing South Carolina Personal Injury Claim

Experienced injury lawyers outline the claims process in the Palmetto State

For skilled legal service when seeking rightful compensation following a personal injury, it’s a smart idea to speak with attorneys that possess significant experience in litigating personal injury cases. The attorneys at Marcari, Russotto, Spencer & Balaban have over 200 years of combined legal experience. Our law firm conveniently has offices located in South Carolina in Charleston, , Florence, Greenville, Myrtle Beach and Rock Hill. We will come to you and are happy to meet you at your home or in the hospital if necessary.  

What should you do at the scene of the accident?

 If you’ve been in an accident, you must start by calling 911 or directing another person to do so. What happens in the moments following an accident, especially an auto accident, have a massive effect on any lawsuits or insurance proceedings. Try to remember a few important points:

  • Safety is the main concern. If anyone is seriously injured, seek immediate medical assistance.
  • Contact the police. An official police report is important to future legal proceedings.
  • Be sure to record the names of everyone involved in the accident and how to contact them. Obtain all insurance information.
  • Admit no fault. Even if you feel certain the accident was your fault, there may be circumstances of which you are unaware.
  • See a doctor. Serious injuries do not always present immediate symptoms, and the longer you delay a medical examination, the easier it is for someone to argue your injuries were suffered in a way unrelated to the accident.

The process of filing a South Carolina personal injury claim

If you have suffered an injury, your next step should be reaching out to a qualified and experienced attorney. Any personal injury action begins with filing a judicial complaint. The person who files the complaint is known as the plaintiff, and the people or entities against whom the person files suit are known as defendants. Once the complaint is filed, the defendant has 30 days to respond to the accusation.

After the initial response, the discovery process begins. Each side obtains as much information about the accident as possible, drawing from police reports, investigations, interrogatories and depositions. A deposition is an official court action in which the attorneys involved in the case ask questions of parties involved in the accident. These answers are given under oath and may be used later on in the legal action to cross-examine the witness.

At any point in the proceeding, both sides may agree to a settlement if they reach an agreement with terms acceptable to everyone involved. Otherwise, a legal process such as arbitration or a jury trial may be needed to reach a settlement. Arbitration involves a neutral third party other than a judge weighing the evidence at hand and imposing a legally binding, enforceable decision by which both parties must abide.

If you have any additional questions about how to file personal injury claims, including questions related to the cost of the process, an experienced injury lawyer at Marcari, Russotto, Spencer & Balaban can help.

Reach out to a reputable South Carolina injury lawyer who answers your questions

The attorneys at Marcari, Russotto, Spencer & Balaban have more than 200 years of combined personal injury litigation experience. We are here to answer any questions you may have about the claims process. Our law firm offers free initial consultations, and we are happy to travel to your home or hospital room at your convenience. Call (888) 351-1038 or contact us online to learn more about how we can help. You owe us no fees unless we win your case.