Mistakes to Avoid When Pursuing a Personal Injury Case in South Carolina

Filing a personal injury claim in South Carolina can be a complex process. Whether you’ve been injured in a car accident, slip and fall, or due to medical negligence, the steps you take after the incident can significantly affect the outcome of your case. Many individuals unknowingly make mistakes that can hurt their chances of getting fair compensation. If you’re considering filing a personal injury claim, here are some common errors you’ll want to avoid.

Failing to Seek Medical Attention Right Away

One of the first and most critical steps after an accident is to seek medical attention, even if your injuries seem minor. Skipping this step or delaying treatment can harm your health and your personal injury case.

If you don’t get checked by a healthcare professional, it may be difficult to prove that your injuries are directly related to the accident. Insurance companies may argue that you weren’t seriously hurt or that your injuries resulted from another cause. Documenting your injuries early on by visiting a doctor ensures there’s a record of your condition, which is crucial for supporting your claim.

Not Documenting the Incident

After any accident, gathering and preserving evidence is essential. Failing to document the scene, your injuries, or other important details can weaken your case. You should take photos of the accident scene, your injuries, and any damage to property (such as your vehicle or personal belongings). If there are witnesses, get their contact information in case they need to testify on your behalf.

In addition to physical evidence, keep a record of your medical treatment, including doctor’s visits, prescriptions, and physical therapy. These records will help establish the extent of your injuries and their impact on your life.

Giving a Recorded Statement Without Legal Counsel

Insurance companies often ask for a recorded statement after an accident. While this might seem like a simple formality, it’s important not to give a statement without consulting with an attorney first. The insurance adjuster’s goal is to minimize the amount they have to pay you, and they can use anything you say against you.

Even if you’re confident about what happened, it’s wise to have a lawyer review the situation before speaking to insurance representatives. Your lawyer can help you understand the questions being asked and ensure you don’t unintentionally make statements that could hurt your case.

Accepting the First Settlement Offer

Insurance companies are in the business of minimizing payouts. It’s common for them to offer a quick settlement after an accident. While this may seem like an easy solution, it’s almost always a mistake to accept the first offer without reviewing the full extent of your injuries and losses.

Often, the initial settlement offer is much lower than what you are entitled to, especially if your injuries require long-term care or if your pain and suffering are not adequately considered. A personal injury lawyer can help you evaluate the full scope of your damages and ensure you aren’t settling for less than you deserve.

Posting on Social Media

It’s tempting to share your thoughts and updates on social media, especially after experiencing an accident. However, posting about your injuries or the accident on platforms like Facebook or Instagram can harm your case. Insurance companies and defense attorneys can use your posts as evidence to discredit your claim.

Even innocent posts can be misinterpreted or used to suggest that you aren’t as injured as you claim. It’s best to avoid posting anything related to your accident, recovery, or pain on social media until your case is resolved. If you do need to post, be mindful of what you share and limit your audience to trusted friends or family members.

Underestimating the Value of Non-Economic Damages

When calculating damages in a personal injury case, people often focus primarily on tangible expenses such as medical bills and lost wages. However, non-economic damages—such as pain and suffering, emotional distress, and loss of enjoyment of life—can make up a significant portion of your compensation.

If you don’t fully understand the impact the accident has had on your mental and emotional health, you may overlook claiming these damages. A personal injury attorney can help you quantify and present non-economic damages, ensuring that all aspects of your suffering are accounted for in your case.

Failing to Act Quickly

South Carolina has a statute of limitations for personal injury claims, which is typically three years from the date of the injury. This means you have a limited amount of time to file your claim in court. Waiting too long to file can result in losing your right to pursue compensation.

Even if you’re unsure whether you have a case, it’s important to speak with an attorney as soon as possible. Your lawyer can help you determine the viability of your case and ensure that all necessary paperwork is filed within the statute of limitations.

Not Keeping Track of Your Expenses and Losses

In a personal injury case, you’re entitled to compensation for both economic and non-economic losses. To ensure that you’re properly compensated, keep a detailed record of all your expenses related to the injury. This includes medical bills, therapy costs, prescription medications, and any out-of-pocket expenses you incur.

Additionally, keep track of any lost wages from time off work due to your injuries. If your injuries have impacted your ability to earn a living, this loss should be factored into your compensation. Maintaining a record of these expenses will strengthen your claim and ensure that no damages are overlooked.

Overestimating Your Ability to Handle the Case on Your Own

Some people believe they can handle a personal injury claim on their own, especially if the other party’s liability seems clear. While it’s possible to settle smaller claims without a lawyer, personal injury cases—especially those involving serious injuries—are often much more complex than they initially appear.

A lawyer can help you navigate the legal system, deal with insurance companies, and fight for the full compensation you deserve. Personal injury attorneys have experience with similar cases and understand the strategies that insurance companies may use to reduce your payout. Having a skilled lawyer on your side can make a significant difference in the outcome of your case.

Agreeing to a Settlement Too Quickly

The desire to get a settlement quickly is understandable, especially if you’re facing medical bills and lost wages. However, agreeing to a settlement offer too quickly can be a mistake. Settlements are often lower than what you could ultimately recover if you pursue the case through litigation. Additionally, once you accept a settlement, you typically cannot go back and ask for more money, even if you discover additional injuries or expenses later.

It’s crucial to evaluate the full extent of your injuries and losses before agreeing to a settlement. Consult with an attorney to make sure the offer reflects the true value of your case.

Conclusion

Filing a personal injury claim is a critical process that requires careful attention to detail. Avoiding these common mistakes can improve your chances of getting the compensation you deserve. From seeking immediate medical attention to working with an experienced lawyer, taking the right steps early on can make all the difference in the outcome of your case. If you’ve been injured in an accident in South Carolina, reach out to a qualified personal injury lawyer who can guide you through the process and protect your rights.