Knowing the time limits that apply to your case will let you know how soon you need to file your personal injury case to secure a settlement.
There are several types of personal injuries a person can experience. Personal injury can occur because of a dog bite, car accident, injury to a child or mother during birth and delivery, issues with a faulty product, or a motorcycle or truck accident.
If you or a loved one sustains an injury, you should contact an attorney to assist you with the claims process. They will help you from start to finish, including filling out all the paperwork, gathering evidence, filing the claim within the statute of limitations, and negotiating with insurance companies.
Getting Started
The process of collecting your settlement funds for a personal injury can feel confusing and overwhelming. That’s why having a qualified legal team on your side is highly recommended. The legal experts will protect your rights throughout the claims process.
Whether you’re injured in a slip and fall accident or you get into a car wreck, you deserve to receive financial compensation for your injuries. If this is the first time dealing with this situation, you might not know where to start. Luckily, you don’t have to go through the process alone. Nevertheless, you should be aware of the main steps to ensure the claims process is as efficient as possible.
When to File a Personal Injury Claim
After you’re injured in an accident, you should seek the counsel of a qualified Greenville lawyer to let you know what to expect if you file a claim. During your consultation, your attorney will explain your rights and let you know what type of settlement you could receive based on your injuries and damages.
For instance, if you’re in a car accident, you’ll likely be able to get a settlement for your loss of income and medical expenses. The settlement should also cover the cost of repairing your car, getting a rental while your vehicle is being repaired, or replacing it with a car of similar value.
It is essential to work within the specified time frame for South Carolina to ensure you file a valid claim. Talk to a Greenville personal injury lawyer to learn more about the statute of limitations for your case and if you qualify for exceptions.
Statute of Limitations for South Carolina
The statute of limitations is the time you have to file your lawsuit. Depending on the claim type, the statute of limitations could vary. If you suffer a personal injury, you have three years to bring your case to court. The statute of limitations is the same for personal property damage.
The statute of limitations is also three years for fraud in South Carolina. If you are a victim of a crime that includes false imprisonment, slander, or libel, you have two years from the date of the incident to file a claim.
When it comes to medical malpractice, you must start a lawsuit within three years from the date of the incident. However, the maximum time limit for medical malpractice is six years. If a foreign object is left in your body during a procedure or operation, you have a statute of limitations of two years. If your child is a victim of medical malpractice, you have seven years to file a claim or up to a year after the child turns 18.
Knowing the time limits that apply to your case will let you know how soon you need to file your personal injury case to secure a settlement.
The Filing Process
It is surprisingly simple to file a personal injury lawsuit. You and your attorney will draft a complaint that describes what happened during the accident that caused your injury. The draft will also include a request for compensation. You can send the complaint to the defendant through your attorney’s office to notify them of a court date. The notice will be sent by certified mail or through a process server.
The Bottom Line
You should talk to a Greenville personal injury lawyer to learn which steps you should take to file your personal injury claim. Your attorney can also represent you while negotiating with the insurance companies to ensure you receive the compensation you deserve.
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