What Happens if You Wait Too Long to File Your Personal Injury Claim in South Carolina?

When you get hurt in an accident, the last thing you think about is filing a lawsuit. First, you need to make sure you’re okay; you need to get checked out by a hospital. You may need surgery and physical therapy.

You’ll probably also be out of work if your injuries are serious enough. You’ll need to find a way to take care of your family while you’re out of work. Your hands will be full dealing with disability and insurance companies.

You will probably file your claim against the defendant’s insurance company right away. That doesn’t take a lot of time and is pretty standard. It could be weeks or months of back and forth trying to get your claim paid.

By the time you find out that insurance isn’t gonna pay, it could be several months. You may get so frustrated with the whole situation that you throw your hands into the air.

When you get to this point, it’s time to call a South Carolina personal injury attorney. The can help do what you are too frustrated to do. Let them work to get you the justice and compensation you deserve.

Your South Carolina Personal Injury Lawyer Can Help

There’s nothing wrong with wanting to throw your hands in the air. Dealing with insurance companies can be frustrating and tiring. This may be because you’re trying to handle it yourself. If you have a personal injury lawyer, the insurance company may take you a bit more seriously. This may not be fair, but it’s the truth.

Your South Carolina personal injury lawyer will reach out to the insurance adjuster. He’ll try to get your claim paid. If he’s unable to do this, he’ll file a lawsuit on your behalf. In your suit, he’ll demand that you receive:

  • Medical bills
  • Lost wages
  • Property damage
  • Pain and suffering
  • Permanent disability

Your damages depend on your situation. Some personal injury cases only involve minor injuries. By the time you call your attorney, you could be back to work. Other cases involve very serious injuries. It could be months or years before you’re back to normal.

The important thing to remember is not to wait too long before you call a personal injury lawyer. You only have a certain amount of time to file your claim. If you miss this date, your claim could be barred forever.

Your South Carolina Personal Injury Lawyer is Familiar with the Statute of Limitations

You only have a certain amount of time to file your claim in South Carolina. According to the law in South Carolina, you have three (3) years from the date of your accident to file suit. This is called the statute of limitations. If you don’t file within this statute, your lawsuit can be dismissed.

Three years sounds like a lot of time. However, you’d be surprised at how fast it goes by. And, remember, you have to file by this date. You need to give your South Carolina personal injury lawyer plenty of time to prepare your case.

Your attorney will need to do a lot of work before he files your lawsuit. Some of these things include:

  • Talk to witnesses
  • Review medical records
  • Find medical experts
  • Try to negotiate a settlement with the defendant’s attorney
  • Deal with the insurance company
  • Estimate damages

These things take time. If you don’t call an attorney until a few months before the deadline, you aren’t giving him the time he needs to prepare.

If You Miss the Statute of Limitations, Can Your South Carolina Personal Injury Lawyer Get an Extension?

Personal injury lawyers can do a lot of things. They can deal with the insurance company. They can help you file the necessary paperwork for an appeal. One thing they can’t do is get the statute of limitations extended.

When it comes to filing deadlines, the courts are unforgiving. They figure three (3) years is more than enough time to file your claim. If you miss this deadline, your case will be dismissed.

The normal exceptions judges make for extending deadlines don’t apply to the statute of limitations. They don’t think it’s fair to make a potential defendant wait longer than three (3) years for you to file your claim. Otherwise, people could wait forever and then file suit out of the blue.

If you’ve suffered a personal injury, call and speak to a South Carolina personal injury lawyer today. Don’t put it off. Even if you aren’t ready to sue just yet, at least get the process started. The initial consultation is free and you pay nothing until you settle your case.