How Personal Injury Claims Work in South Carolina

A personal injury claim can take several weeks or months to settle. All the while, you may be waiting for your settlement check to cover lost wages, medical expenses, and other accident-incurred costs. A personal injury claim in South Carolina often goes through key phases, including sending a claims package to the insurance company, negotiating with it, and going to trial if negotiations fall through. During the entire claims process, you are attempting to reach a compromise with insurance.

Our personal injury lawyers at Gil Gatch Law oversee each of these stages for every client.

Submitting a Claims Package

After a thorough investigation has been conducted and relevant evidence and information have been gathered, our personal injury lawyers will file a claim with the at-fault party’s insurance carrier. Part of the claims package includes submitting a demand letter. The demand letter will provide the following details:

• Date/time/location of the incident
• Why the policyholder is liable (including supporting evidence)
• The claimant’s damages (including relevant documentation)
• The type of relief being requested
• The deadline by which the insurer must respond
• Consequences if the insurer fails to respond by that date

Your losses or damages may include lost wages, hospital bills, surgery costs, rehab, and property damage. The claims package is a pivotal point in the claims process, as it outlines your damages and the compensation needed to cover them.

Settlement Negotiations

Once insurance receives your claims package, settlement negotiations will begin. During this time, the assigned claims adjuster may request further documentation. In many cases, insurance may ask you to resubmit information (often used as a delaying tactic). While many insurance companies are known for taking longer to respond to third-party claims (a claim filed by a party other than the insured), insurance must respond to all communications with “reasonable promptness” under state law.

Under state law, additional improper claims practices used by insurance companies include:

• Knowingly misrepresenting the facts or policy provisions to the insured or third-party claimant
• Failing to conduct a thorough investigation to ensure a prompt resolution and fair settlement of the claim
• Failing to offer a fair settlement or offering a less-than-reasonable amount
• Compelling claimants not to pursue legal recourse to recover adequate compensation

Generally, the first settlement offer is worth only a percentage of what your personal injury case is worth. The first offer rarely takes future costs under consideration, including medical expenses and lost earning capacity.

Insurers also prey on the injured party’s financial desperation, aware that you may take a lowball settlement to get some financial relief. In response to the initial offer, our legal team will submit a written counteroffer supported by your medical records, vehicle repair costs, and other relevant documentation.

Litigation

If a fair settlement cannot be reached, our Summerville personal injury attorneys will file a lawsuit. During the litigation phase, there are still many opportunities to settle. This stage has various steps, including discovery, mediation, pre-trial motions, and pre-trial conference. Below, we provide a brief overview of each.

Discovery

Discovery is the formal process by which information is exchanged between parties. While there are no hard-and-fast deadlines, the discovery process can take anywhere from 4 to 6 weeks to complete. During the discovery process, both parties may settle through mediation.

Mediation

During mediation, a neutral third party will facilitate dialogue between the parties to reach a compromise. Although not required in South Carolina civil cases, a judge may order mediation.

Pre-Trial Motions

Leading up to trial, either side may file pre-trial motions. A motion asks the court to take a specific action. For example, a motion in limine is a request to exclude certain evidence from trial. The court will rule on each motion separately.

Pre-Trial Conference

About a month before the trial begins, a pre-trial conference will be held as a final effort to settle. If a settlement is not reached, then your case will proceed to trial.

The Settlement Process Is Not Always Linear

While you may be afraid of the time and cost associated with a trial, a settlement can be reached at any point in this process. The wrongful party may be more inclined to settle if the court does not rule in their favor on motions. While our goal is always to reach a speedy, fair settlement, the insurance company may only be motivated to settle if you threaten legal action.

Sometimes progress isn’t linear, with hurdles cropping up when you least expect them. The insurance company wants to maximize its profits, meaning that it wants to pay out as little as possible on claims. Unfortunately, even providing proof of your losses does not automatically mean that you will be offered an adequate settlement.

Reach Out to Our Summerville Personal Injury Attorneys

If you need legal direction in your personal injury case, our legal team is ready to assist you. At Gil Gatch Law, our Summerville personal injury lawyers understand the aggravation that you are facing following a personal injury or accident. If you are ready to recover the full value of your claim, contact us online or call (843) 800-2020 to arrange your one-on-one consultation.