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How Long Will My Car Accident Settlelment Take in South Carolina

By Attorney James Whalen | Published on August 3, 2024

A car accident leaves most victims with immediate damages and needs. Life as you know it can come to a stop, leaving you with significant injuries and financial stress.

When your accident results from negligence, you can pursue compensation. However, the process is often not as fast as victims would like.

You may want to contact a South Carolina car accident attorney if you suffered damages from a reckless driver. A free consultation is an opportunity to learn how long your case may take.

You Can Settle a Car Accident Claim Without Going to Court

Most personal injury cases settle without a trial.

A car accident case typically begins with a personal injury claim. An insurance company and an attorney negotiate the settlement amount. Both parties seek to protect their best interests. Settling a claim out of court saves everyone time and money. However, settling a claim without a lawyer can cost victims who are unfamiliar with the negotiation process.

An initial settlement offer from an insurance company may seem like a quick solution to your financial issues, but many accident victims do not realize the consequences of accepting an offer without attorney guidance. Accepting an initial settlement offer closes your claim quickly and often for the least amount of compensation possible. The only benefit is to the insurance company, as they know you cannot return for additional funds or pursue legal action.

Car accidents leave victims with significant damages in almost all aspects of their lives. Securing a fair settlement outside of court is possible, but it is best done with help from an attorney.

Evidence From the Car Accident Must Be Collected

Understanding what happened is crucial for your case.

Evidence relating to your car accident is crucial for proving negligence and identifying the liable party. Gathering and reviewing evidence takes time. It is a process that must start as soon after your car accident as possible.

Among the most common types of evidence helpful in car accident cases are:

  • Official police report: generally details accident and determines fault
  • Eyewitness accounts: statements from witnesses, bystanders, and good Samaritans
  • Accident scene photos and video: a careful review can support your case
  • Medical reports and expenses of your costly injuries: evidence of your unfair damages.

The sooner car accident evidence is collected, the better it is for building a strong case for compensation. A delay in gathering evidence can make your case challenging. As time passes, lost or misfiled reports, eyewitness memories, and deleted photos or videos are possible. To prevent this, victims should act quickly and allow a South Carolina car accident attorney time to review all evidence.

The Discovery Process Takes Time

A process of exchanging witness and evidence information.

The discovery process involves the parties’ formally exchanging information about witnesses and evidence. If your South Carolina car accident case goes to trial, the discovery process occurs before your trial date.

In addition to reviewing your evidence, your attorney must also review evidence from the defendant’s attorney. The discovery process helps both sides prepare for trial — and adds to their workload.

The discovery process sometimes requires significant time to occur and review due to the volume and types of evidence. However, discovery evidence from the defendant’s attorney may prove useful for your day in court.

How a Car Accident Attorney Can Help

The right car accident attorney works hard to secure a fair outcome.

Personal injury attorneys understand that car accident victims experience anxiety about their inability to work and their mounting medical bills. This is why compassion is a core value of client customer service.

If you suffered severe injuries due to a reckless driver, it is crucial that you choose an attorney that:

  • Has skills and experience in and out of court with South Carolina car accident cases
  • Listens to you, communicates with you, and aggressively fights for you.

Managing the details of a civil case alone is overwhelming and adds stress to a victim’s already stressful situation. A South Carolina car accident attorney works hard for you, allowing you more time to rest and recover.

Understanding evidence, South Carolina law, and how insurance companies operate is best left to legal professionals. An initial settlement offer may appear generous when it is likely a minuscule amount a company wants to pay. Accepting a settlement offer is a one-and-done action. There is no opportunity to pursue legal action later should you develop complications from your injuries.

An attorney will ensure that your right to pursue a lawsuit remains protected. They will file your lawsuit before the statute of limitations expires.

Whalen Montalvo Attorneys at Law

Your South Carolina car accident attorneys.

Sadly, car accidents are a common daily occurrence throughout South Carolina. No matter how cautiously you drive, one distraction or drink can send a driver into your path.

A personal injury case takes time to pursue. Patience is a virtue as the wheels of justice turn slowly through either negotiations or trial. At Whalen Montalvo Attorneys at Law, we review your case and determine the best approach for receiving the most favorable outcome. While we try to move your case along quickly, we will not settle for less than you deserve.

Attorneys James Whalen and Eric Montalvo have a strong record of helping South Carolina victims of negligence. Contact our office for a free consultation to start your path toward possible compensation.

The sooner you make the call, the faster an attorney can get to work for you. Call Whalen Montalvo Attorneys at Law today: (864) 770-7710.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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