Stacy Stanley | August 26, 2026 | Personal Injury
A personal injury lawsuit can help an injured person seek money after an accident caused by someone else. In South Carolina, these cases may result from car crashes, falls, workplace incidents, and many other events.
The legal process can seem confusing, especially while you are recovering from an injury. Most cases begin with an investigation and an insurance claim. If the parties cannot agree on fair payment, the injured person may decide to file a lawsuit. Understanding the basic steps can make the process easier to follow.
Investigating the Accident and Your Injuries
Before filing a lawsuit, you need evidence showing what happened and how you were harmed. A personal injury lawyer may investigate the accident, identify the people or businesses that could be responsible, and calculate your losses.
Useful evidence may include:
- Accident or police reports
- Photos and videos
- Medical records and bills
- Witness statements
- Employment and wage records
- Insurance information
Your lawyer may also work with experts when the cause of an accident or the seriousness of an injury is disputed.
After gathering this information, your lawyer can determine how much compensation may be reasonable to seek.
Filing an Insurance Claim and Negotiating
Many personal injury cases begin with a claim against an insurance company rather than a lawsuit. Your lawyer may send the insurer a demand letter explaining why its policyholder is responsible and describing your injuries and financial losses.
The insurance company can accept the demand, reject it, or make a lower offer. Negotiations may continue until both sides agree on a settlement.
South Carolina follows a modified comparative negligence rule. An injured person can generally recover compensation when their share of fault does not exceed 50%, although their recovery can be reduced based on their percentage of fault.
Filing a Personal Injury Lawsuit
If settlement talks do not produce a fair result, the next step may be filing a lawsuit. The plaintiff files a complaint explaining the facts, the legal basis for the claim, and the relief being requested.
Under the South Carolina Rules of Civil Procedure, a civil action generally begins when the summons and complaint are filed with the clerk of court, subject to the rule’s service requirements.
The defendant must then receive proper notice of the case. The defendant can file an answer responding to the claims and raising defenses.
The Discovery Process
After the lawsuit begins, the parties normally enter discovery. Discovery allows each side to request information and evidence from the other.
For example, the parties may exchange medical records, photographs, reports, and other documents. Lawyers may submit written questions called interrogatories. They can also conduct depositions, during which witnesses answer questions under oath.
Discovery helps each side understand the strengths and weaknesses of the case. It can also lead to further settlement talks.
How Long Do You Have to File a Lawsuit?
Deadlines are very important in personal injury cases. Missing the applicable deadline could prevent you from recovering compensation.
Under South Carolina Law, many personal injury actions are subject to a three-year limitations period. Generally, personal injury claims must be started within three years after the person knew or reasonably should have known they had a cause of action.
Different deadlines and rules can apply depending on the facts. Because deadlines depend on the facts, it is important to determine the correct filing date as soon as possible.
Settlement or Trial
A personal injury case can settle at almost any point. If the parties reach an agreement, the injured person generally receives an agreed amount in exchange for ending the claim.
If no agreement is reached, the case may proceed to trial. At trial, both sides can present evidence, question witnesses, and make arguments. A judge or jury then decides important issues, which may include fault and damages.
Possible damages can cover medical expenses, lost wages, reduced earning ability, property damage, pain and suffering, and other qualifying losses.
Because trials involve uncertainty, lawyers often continue discussing settlement while preparing the case for court.
Contact the South Carolina Personal Injury Lawyers at Stanley Personal Injury Lawyers for Help Today
A personal injury lawsuit may involve insurance negotiations, court filings, discovery, mediation, and possibly a trial. Managing these steps while recovering from a serious injury can be difficult.
The South Carolina personal injury lawyers at Stanley Personal Injury Lawyers can review your accident, explain your legal options, gather evidence, negotiate with insurers, and pursue compensation when another party caused your injuries. Contact us today for a free consultation .
We proudly serve Horry County, North Myrtle Beach, Little River, Aynor and its surrounding areas.
Stanley Personal Injury Lawyers – Little River Office
3303 Hwy 9 E, Little River, SC 29566, United States
(843) 390-9111
Stanley Personal Injury Lawyers – North Myrtle Beach Office
By Appointment Only
1016 2nd Ave N Suite F, 2nd Floor, North Myrtle Beach, SC 29582
Stanley Personal Injury Lawyers – Aynor Office
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604 8th Ave, Aynor, SC 29511