The experience after a car accident can be traumatic, especially if you sustained significant injuries due to the crash. You have plenty of activities to handle, from filing an insurance claim to getting your car fixed, all while still dealing with recovery. Many car accident victims prefer getting a lawyer to handle all these legal issues as they focus on recovery.

In South Carolina, there is no legal requirement for an accident victim to hire an attorney when filing an insurance claim or a lawsuit. You can opt to handle the processes on your own or get a car accident attorney at any point, depending on how comfortable you are navigating the processes.

While not required, hiring an attorney can significantly help the outcome of your case. An attorney will have an edge in negotiating your recovery with insurance companies and their adjusters. Adjusters basically always offer less to unrepresented claimants. Working with an attorney usually adds value to your claim. 

An attorney can also represent you in litigation if the claim negotiations with the insurer fail. They will help you gather the necessary evidence and investigate the accident to help build your case and prove the at-fault driver's negligence. 

Filing an Insurance Claim

After a car accident, the first step to pursuing compensation is filing a personal injury claim with your insurance company and/or the other driver’s insurance provider. If the at-fault driver was uninsured, you can pursue your own uninsured motorist coverage, or UM coverage. Or, if the at-fault driver did not have enough insurance to cover the extent of your injuries, you can pursue your own underinsured motorist coverage, or UIM coverage, which comes into play after you have made a recovery within the policy limits of the at-fault driver’s insurance. 

 An experienced attorney should assess your damages and advise you on all of the recovery options available. 

Filing a Personal Injury Lawsuit

If the insurance company is undervaluing your claim, you may opt to file a personal injury lawsuit to build the evidence in your case and seek full value for what you have been through. In the first phase of a lawsuit, the parties exchange written discovery, where each side answers questions and exchanges documents. In the next step, you and the other driver will likely have your depositions taken. This is where the opposing lawyer conducts an interview. In these phases, the parties are gathering evidence to build their side of the case in preparation for trial. The final step before trial is mediation, which is mandatory in South Carolina. At mediation, the parties exchange offers in an attempt to settle the case. If it cannot be settled, the parties proceed to trial. 

In South Carolina, the statute of limitations for most injury cases is 3 years. This means you have 3 years to file a lawsuit for injuries sustained in a car accident. After this time, you will be barred from doing so. 

Get Help from The Law Office of Tyler Rody

If you have experienced a car accident in South Carolina and are having challenges seeking compensation, The Law Office of Tyler Rody can help you. Call us at (864) 381-7969 or contact us online to schedule an appointment with our lead Spartanburg Car Accident Attorney, Tyler Rody.