If you have been severely injured as a result of someone else’s negligence, the next steps you take are critical for the future of yourself and your family. One of the first things you should do is consult with a personal injury attorney about filing a claim. Receiving compensation for your damages will significantly ease your financial burden.
Whether you were injured in a car accident, slip and fall, workplace incident, or another type of accident in South Carolina or North Carolina, understanding your legal rights is essential. Personal injury law can be complex, and the rules differ between states, so having accurate information specific to your location is crucial.
Personal Injury FAQs
If you are thinking about filing a personal injury claim, you probably have a lot of questions. The attorneys from Stewart Law Offices are here to lend a helping hand. Here are some of the most frequently asked questions we receive from our clients:
Q: What is the most important thing to do after my accident?
A: After contacting a lawyer, you should focus 100% of your efforts on recovering from your injuries. If you cause further damage to yourself by disobeying the doctor’s orders, you could risk losing out on your settlement.
Q: How long do I have to file a personal injury lawsuit in South Carolina?
A: In South Carolina, you generally have three years from the date of your injury to file a personal injury lawsuit. However, the deadline can change depending on the type of case: medical malpractice claims must be filed within three years of when you discovered (or should have discovered) the harm, but never more than six years after the actual incident; wrongful death claims must be filed within three years of the person’s death; and claims against a city, county, or state agency require a special notice within one year and the lawsuit itself within two years (or three years if the notice was filed on time).
Q: How long do I have to file a personal injury lawsuit in North Carolina?
In North Carolina, you generally have three years from the date your injury happened (or should reasonably have been noticed) to file a personal injury lawsuit. However, medical malpractice claims must be filed within three years of the last negligent act, or one year from discovery if the harm wasn’t immediately obvious, but never more than four years total from the negligent act; wrongful death cases give you only two years from the date of death; and if the injured person is a child, the deadline doesn’t start running until they turn 18, at which point they have three more years to file.
Q: How will my lawyer be paid?
A: Most personal injury lawyers – including the ones at Stewart Law Offices – operate under a contingency fee agreement. Under this arrangement, clients do not pay out of their own pocket for legal representation. Instead, fees are based on a percentage of the recovery we make on your behalf.
Q: What will I need for my case?
A: In the courtroom, having the right documentation could be the difference between recovering the settlement you deserve, and walking away empty-handed. Make sure to save all of your medical bills, communications with the insurance company, and the like. Here is a list of documents you should keep when suing for personal injury:
- Medical records (ER reports, hospital papers, X-rays/MRIs, doctor notes, therapy records, prescriptions, and every bill).
- Accident evidence (police report, photos of the scene, your injuries as they heal, vehicle damage, and any video footage).
- Proof of lost income (pay stubs, tax returns, work excuse notes from your doctor)
- Out-of-pocket expenses (receipts for medications, medical travel, home care, or anything you paid for because of the injury).
- Witness information (names, phone numbers, and statements if possible)
- Insurance details (your policy and the at-fault party’s policy).
- All communication with insurance companies (letters, emails, claim numbers; never give a recorded statement without your lawyer).
- Personal injury journal (daily notes on pain, limitations, and how the injury affects your life; this is powerful evidence for pain and suffering)
Q: What if I was partially at fault for my accident?
A: The laws governing accident compensation vary by state, impacting your ability to recover damages. In South Carolina, you can recover compensation if you’re 50% or less at fault, with damages reduced by your percentage of fault. In contrast, North Carolina’s contributory negligence rule bars recovery if you’re even 1% at fault, making it crucial to have an experienced attorney prove your lack of fault.
Q: Do all personal injury claims make it to court?
A: No. In fact, many of them never set foot in a courtroom. According to the American Bar Association, the majority of personal injury cases settle before trial. To save time and energy, both parties will typically attempt to settle out of court. If the two sides cannot reach an agreement on a settlement amount, litigation may be required.
Call Our Lawyers With Your Questions Today!
Have you been badly injured in North Carolina or South Carolina? The South Carolina personal injury attorneys at Stewart Law Offices are here to offer professional legal representation. We will even visit you at home or in the hospital while you recover from your accident. Contact us online to schedule a free consultation, or call 866-783-9278.