If you have been injured and are considering filing a personal injury lawsuit in South Carolina, you may feel unsure about what comes next. Maybe you tried handling the insurance company on your own. Maybe you received a settlement offer that did not come close to covering your medical bills. Or maybe your injuries turned out to be more serious than you first thought.
At the Law Office of Joshua P. Golson, we help injured South Carolinians understand what happens when a personal injury claim turns into a lawsuit. The idea of a lawsuit can feel intimidating. Many people imagine dramatic courtroom scenes or years of stress and uncertainty. In reality, the personal injury lawsuit South Carolina process is structured, predictable, and often resolved before trial. Understanding each stage can help you feel more prepared and confident moving forward.
When a Personal Injury Claim Turns Into a Lawsuit
Most injury cases begin as insurance claims. After an accident, whether it involves a car, truck, motorcycle, rideshare vehicle, or even a dog bite, the injured person typically files a claim with the at fault party’s insurance company. Usually, that amount is nowhere near enough to cover the damages after an accident caused by someone else's negligence.
Personal injury law covers a wide variety of accidents, including:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Rideshare Accidents
- Bus Accidents
- Pedestrian Accidents
- Slip & Fall Accidents
- Dog Bites or Animal Attacks
When the insurance company doesn’t provide adequate compensation, you may need to file a personal injury lawsuit to get the amount you need.
Why Insurance Negotiations Sometimes Fail
Insurance companies are businesses. Their goal is to limit payouts whenever possible. Negotiations may fail because:
- The insurer disputes who was at fault
- The insurer downplays the seriousness of your injuries
- Medical expenses are ongoing and difficult to calculate
- The settlement offer does not account for lost wages or pain and suffering
When negotiations stall or offers remain unfair, filing a lawsuit shifts the process into the court system and often increases pressure on the insurer to resolve the case properly.
Filing a Personal Injury Lawsuit in South Carolina
The first formal step in the personal injury lawsuit process is filing a legal document called a Complaint. This document outlines:
- Who was responsible for the accident
- How the injury occurred
- What damages you suffered
- What compensation you are seeking
Once the Complaint is filed in the appropriate South Carolina court, the defendant is officially served with notice of the lawsuit. This is usually handled by a professional personal injury lawyer who will handle all the details for your case.
Deadlines and the South Carolina Statute of Limitations
In most personal injury cases, South Carolina law gives you three years from the date of the accident to file a lawsuit. Missing this deadline can prevent you from recovering compensation.
There are limited exceptions, but waiting too long can seriously harm your case. This is why speaking with a personal injury lawyer Columbia SC residents trust is important early in the process.
What Happens After the Lawsuit Is Filed
After filing, the defendant has a limited time to respond. This response is called an Answer. The defendant may:
- Admit certain facts
- Deny responsibility
- Raise legal defenses
From there, the case moves into the pretrial phase. This is where much of the work in a personal injury lawsuit in South Carolina takes place. Although it may not be dramatic, this stage is critical. It allows both sides to gather evidence and evaluate the strengths and weaknesses of the case.
The Discovery Phase: Exchanging Evidence and Information
Discovery is the formal exchange of information between both sides. It is often the longest phase of the personal injury lawsuit timeline. The purpose of discovery is transparency. Each side must share relevant information so there are no surprises at trial.
Medical Records, Depositions, and Written Questions
During discovery, you may be involved in several steps, including:
- Providing medical records and bills
- Answering written questions called interrogatories
- Producing documents related to lost wages or other damages
- Participating in a deposition
A deposition is a question and answer session conducted under oath, usually in a conference room rather than a courtroom. Your attorney will prepare you thoroughly so you understand what to expect.
This phase may feel intimidating at first, but it is simply a structured way to document your experience and injuries.
Do You Have to Go to Court for a Personal Injury Lawsuit?
One of the most common concerns people have is whether filing a personal injury lawsuit in South Carolina means they will automatically have to go to trial.
The answer is no.
Most personal injury lawsuits resolve before trial. Filing a lawsuit does not mean you will necessarily testify in a courtroom. In fact, many cases settle during or after discovery, once both sides clearly understand the evidence.
Court appearances may be limited to procedural hearings that your attorney can often handle on your behalf.
Settlement Negotiations During the Lawsuit Process
Even after a lawsuit is filed, negotiations continue. In some cases, they become more productive once the insurer sees that you are serious about pursuing fair compensation.
Settlement discussions may happen:
- After initial discovery
- Following depositions
- During mediation
- Shortly before trial
Why Many Lawsuits Resolve Before Trial
There are several reasons why lawsuits often settle before reaching a jury:
- Trials are expensive for both sides
- Outcomes are uncertain
- Discovery clarifies the strength of the evidence
- Courts often encourage mediation
A fair settlement can provide compensation without the time and stress of a full trial. Your attorney will advise you on whether a settlement offer reflects the true value of your claim.
What to Expect If Your Case Goes to Trial
If settlement efforts fail, your case may proceed to trial. At trial, both sides present evidence to a judge or jury.
This includes:
- Testimony from you and other witnesses
- Medical expert opinions
- Accident reconstruction evidence
- Documentation of financial losses
The jury then decides whether the defendant is liable and, if so, how much compensation should be awarded. While trials are less common, preparing every case as if it could go to trial often strengthens negotiations throughout the process.
A good personal injury lawyer will be adept at both pre-trial negotiations and in court trials.
How Long a Personal Injury Lawsuit Typically Takes in South Carolina
One of the most searched questions is, “How long does a personal injury lawsuit take?” The answer depends on several factors. A typical personal injury lawsuit timeline in South Carolina may range from several months to over a year. Complex cases can take longer.
Factors that affect timing include:
- The severity of injuries
- Whether medical treatment is ongoing
- Court scheduling availability
- The willingness of the insurance company to negotiate
- Whether expert witnesses are required
It is often wise not to rush the process. Settling before you understand the full extent of your injuries can result in accepting less than you need for long-term recovery.
How a Personal Injury Lawyer Helps at Every Stage
Facing South Carolina’s personal injury claims process alone can be overwhelming. An experienced attorney manages the legal details while you focus on healing.
At the Law Office of Joshua P. Golson, our personal injury attorneys work closely with injured clients throughout every stage of a personal injury lawsuit South Carolina case. From initial investigation to negotiation or trial preparation, our attorneys are ready to provide steady guidance without unnecessary surprises.
Reducing Stress While Protecting Your Claim’s Value
A personal injury lawyer helps by:
- Investigating the accident and gathering evidence
- Handling communication with insurance companies
- Calculating full damages, including future medical costs
- Filing court documents correctly and on time
- Preparing you for depositions or hearings
- Negotiating strategically for fair compensation
Most importantly, having legal representation levels the playing field. Insurance companies have experienced defense lawyers protecting their interests. You deserve someone protecting yours.
If you are considering filing a personal injury lawsuit in South Carolina and want to understand your options, contact the Law Office of Joshua P. Golson today at (803) 284-8573 for a free, confidential consultation.
Taking the next step does not mean committing to a long court battle. It simply means getting clear information so you can make the best decision for your future.
