The Car Accident Lawsuit Process in Greenville, SC: What To Expect Step by Step

Our experienced Greenville car accident lawyer at Bobby Jones Law outlines the process for a car accident lawsuit. Here’s what to expect step by step in your claim.

Eight Steps in the Car Accident Lawsuit Process

Step 1: Seeking Medical Treatment After a Car Accident

When you seek medical care after a car accident, you’re protecting your well-being. You are also taking the first step in the car accident lawsuit case process.

Timely medical care ties your injuries to the accident, making it harder for the defense to claim your injuries are from a pre-existing condition. Plus, getting timely medical care protects you from an allegation that you failed to mitigate damages.

Never delay getting medical attention after a car accident. Remember, your injuries may be more serious than you first realize.

Step 2: Hiring a Greenville Car Accident Attorney

It’s never too early to involve a Greenville car accident attorney. If your accident is serious enough to require medical attention, having a lawyer can be important for protecting your rights.

An attorney can work quickly to preserve evidence and speak with witnesses before they forget key details or become non-cooperative. A lawyer can immediately take over talking to the insurance company, so you don’t have to worry about what to say.

Talk to a Lawyer Now

Bobby Jones Law represents car accident victims. When we represent you, we handle the entire process, answering your questions and explaining everything. Wherever you are in the car accident lawsuit timeline, we invite you to contact us.

Step 3: Filing Your Car Accident Claim in South Carolina

Next, you will file your car accident claim. South Carolina is an at-fault state for car accidents, with modified comparative negligence. You will report the accident to your insurance company and the insurance company of the at-fault party.

While you won’t have all the details of your claim yet, it’s important to notify the insurance company of the pending claim.

Is starting an insurance claim the same thing as starting a court case?

No. Starting an insurance claim is not the same thing as starting a court case. There are time limits to filing a legal claim in court. Reporting the accident to the insurance company doesn’t count towards meeting the deadline.

That doesn’t mean you should necessarily file your case in court right away. It’s often beneficial to negotiate with the insurance company before filing a claim. But never wait to involve an attorney—you don’t want to miss the deadline for filing a claim.

Step 4: The Investigation and Evidence-Gathering Phase

To receive compensation for a car accident, you need to show what you deserve in compensation. You must show that the other party is at fault for the accident. You may prove fault with vehicle damage, admissions of the other party, observations of law enforcement, and other evidence.

You’ll need a copy of the law enforcement car accident report. Request that from the SCDMV when it becomes available.

Keep items related to the accident, such as damaged clothes and personal property. Keep records of medical care. A lawyer can explain how to journal your recovery and ways that you’ve been impacted by the accident.

Give this information to your lawyer. Your lawyer will build your case.

If you end up filing a lawsuit, you’ll have another, more formal discovery process.

Step 5: Negotiating With the Insurance Company

Sometimes, you can negotiate a settlement with the insurance company without going to court. Insurance companies are expected to pay claims promptly when liability is clear.

It’s important to fully value your claim independently, so that the insurance company doesn’t minimize the settlement offer.

If you settle, you can finalize the claim and collect your compensation. If the insurance company won’t pay, you can file a formal legal claim.

Step 6: Filing a Lawsuit if a Fair Settlement Isn’t Reached

If the insurance company won’t offer a fair settlement, you don’t have to accept it. You can file a claim in court.

You file the claim in the appropriate court. In Greenville, SC, you might file your case in the Greenville County Circuit Court of Common Pleas.

The claim starts with a complaint. The complaint summarizes what happened and demands compensation. You file the documents with the court and pay the filing fee. You serve all defendants with copies.

Then you wait for the defense to respond. Then the next step in the car accident lawsuit timeline is discovery.

Step 7: The Discovery Process Explained

Discovery is a formal legal process during an active legal claim. You may request documents and information from the other party. You may use subpoenas to conduct depositions, inspect a vehicle, and gather records.

Discovery can narrow the issues in dispute. It can also help you build a strong case for trial.

Step 8: Going to Trial vs. Settling Before Court

Even if it’s necessary to file a lawsuit, there’s still a good chance of settling your case before trial. You may participate in mediation, which is a guided settlement discussion.

You have the right to a trial. An attorney can represent you throughout the process, including presenting your case at trial.

How Long Does a Car Accident Lawsuit Take in South Carolina?

A car accident lawsuit in South Carolina can take from about a month to two years or more. Most cases fall somewhere in between. How long a case takes depends on several factors, including the case’s complexity and the amount of damages.

What Damages Can You Recover in a Greenville Car Accident Case?

In a Greenville car accident case, you can recover both economic and non-economic damages. Economic damages are direct financial losses and unearned income resulting from the car accident. Non-economic damages are physical and emotional suffering, disfigurement, inconvenience, and other intangible losses. Damages are unique to the person’s losses.

You may also seek punitive damages if the defendant’s conduct was especially egregious.

Contact an Experienced Greenville Car Accident Lawyer

Bobby Jones Law is an experienced car accident lawyer. We understand the car accident lawsuit process in Greenville and represent injured parties and families.

Call or message us now.