How Long Do You Have to File a Claim in South Carolina?
If you’ve been injured because of another driver’s negligence in South Carolina, it’s important to know there is a statute of limitations that sets a limit on how long you have to file a lawsuit against the at-fault driver. Consulting with an experienced Greenville, South Carolina, car accident attorney sooner rather than later is always advised.
The Statute of Limitations in South Carolina
In South Carolina, the statute of limitations for filing a lawsuit against a motorist who caused you to be injured is just three years from the date of the injury-causing accident. While three years may seem like plenty of time to get the job done, it’s important to consider this time limit in the context of your challenging journey forward.
Obtaining the Medical Care that You Need
The critical first step is obtaining the immediate medical care you need, and then staying the course in pursuit of your fullest recovery possible. In the event of a serious accident, this can be a very lengthy process.
Consulting with a Practiced Car Accident Attorney
To protect your claim and your ability to fully recover, your next step should be consulting with a well-respected car accident attorney. They will help you complete and file your car accident claim with the at-fault driver’s insurance provider.
Proving Fault
An important element of negotiating a fair settlement is proving the other driver’s negligence in the matter, which can come in a wide range of forms including:
- Distraction
- Excess speed, including in response to dangerous road conditions
- Exhaustion
- Failure to follow the rules of the road
- Aggression
- Impairment
Proving fault comes down to successfully demonstrating that the other driver failed to live up to their responsibility to your safety. Your indictment of the other motorist’s driving practices will be based on evidence. While proving their fault may be a straightforward matter, it can also be a slow, painstaking process.
Negotiating a Fair Settlement
From here, the negotiation process begins. You can expect the insurance company to do whatever it can to keep your settlement as low as possible, which sometimes means moving as slowly as possible. If the insurance company won’t engage in fair negotiations that honor your rights, your car accident attorney will likely advise you to file a lawsuit against them. Once again, the timing of this is critical.
Assessing Your Losses
A very important factor in your car accident claim will be carefully assessing your complete damages – including future losses. Settling your claim before you know the full extent of your losses in each of the following categories can leave you with less than fair compensation:
- Property damage to your vehicle and its contents
- Your current and ongoing medical expenses
- Your lost income and losses related to earning potential
- Your physical and psychological pain and suffering
Make the Call to an Experienced Greenville Car Accident Attorney Today
The seasoned car accident attorneys at Fulton Barr Attorneys At Law in Greenville, South Carolina, are well-versed in helping clients like you prevail with settlements and court awards that reflect their legal rights and best interests. Learn more by contacting or calling us at 864-235-3154 today.