By: Keibler Law Group April 20, 2024

How Long Will My Case Take in South Carolina?

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Many clients ask us, “How long will my case take?” While every case is different, most cases last anywhere from three months to two years.

This is perhaps the second most asked question (behind how much is my case worth?). Unfortunately, like many things in life, there are no set rules or straight answers. However, it is important to note that we do not push you for a quick settlement like other, larger firms that handle hundreds if not thousands of cases at a time. Instead, we appropriately assess your damages, value your case, and seek the most compensation you deserve for your injuries. This usually takes time.

There are several factors that go into how long a case will last. First, is whether or not you are continuing to seek medical treatment from your injuries you sustained in your accident. This could include physical therapy, mental health counseling, or future anticipated surgeries. Second, there are many factors that can complicate a case. We focus in complex litigation, including personal injury lawsuits. Perhaps you were hit by a drunk driver who was overserved by a bar. While the drunk driver’s liability may be easily established, it will take additional research, litigation efforts, and time to prove the bar’s liability.

Another example is if you are hit by an 18 wheeler, tractor trailer, or other commercial vehicle. Typically, if the driver was employed and working at the time of the accident, the employer is liable for its employee’s actions through what is call vicarious liability. However, there is a possibility that the employer – the trucking company – acted negligently and is therefore liable standing alone. Again, an experienced litigation attorney will be able to identify the responsible parties for your injuries to ensure that you receive the maximum compensation possible.

While there is no bright line answer for how long your case will take, Keibler Law Group takes pride in proactively pushing our client’s cases to resolution. We don’t seek a quick settlement, but we utilize technologies and resources to stay on top of insurance companies, defendants, and their attorneys to keep your case progressing forward in a timely fashion. We pride ourselves on our systems and one of our systems is efficiently and effectively bringing you results and keeping you up-to-date on the progress of your case.

Medical Treatment for Your Injuries

The length of your case may depend on the extend of your injuries and how long your medical treatments may last. If you are seriously injured and require extensive medical treatment, you may need to see multiple different physicians and treatment specialists. This could take months or even years. Typically, plaintiffs in South Carolina have three years to file a personal injury claim for cases such as car wrecks, truck accidents, or other catastrophic injuries. You or your attorney must file a complaint before this statute of limitations runs or else you lose your ability to recover.

Maximum Medical Improvement, in the state of South Carolina occurs when a physician declares the patient is no longer in need of medical treatment because the patient has reached the best condition they will achieve since the injury. A lawyer may wait to file a complaint until after you reached your maximum medical improvement OR until the statute of limitations. A lawyer may decide it is best to file a complaint or demand while you are still undergoing treatment. Oftentimes this puts pressure on the defendants to attempt to resolve the dispute if you are continuing treatments. In situations where your injury is catastrophic and life altering requiring medical treatment for the foreseeable future, experienced lawyers higher experts to testify on your behalf to outline what additional costs and care will be necessary.

Each case is unique and the facts are different. An experienced catastrophic injury attorney can help walk you through the timing of your lawsuit and manage your expectations as to when you will receive payment for your injuries.

Complexity of the Personal Injury Case

There are many factors that can change the complexity of a case. As a few examples, liability – or who is the party “at-fault” – can change the complexity of a case. Perhaps you were driving on a five-lane road (two lanes in each direction and middle turning lane). You are driving straight in your line but someone in the turning lane turns left into your lane and hits you. However, you were going 10 miles over the speed limit. In this type of scenario, there may be “fault” attributed to both parties which will be litigated and take time.

As another example, perhaps you are rear-ended by a tractor trailer. Turns out, the driver had four other accidents and recently failed a drug test, yet its employer continued to employ and allow the driver to operate the vehicle. In this situation, you can sue both the driver and the employer for negligence (driver negligently operated truck and employer negligently hired/retained driver). With multiple defendants, cases can get more complex.

Other instances, the insurance company may battle over insurance policy language. For example, an “occurrence” is a term of art defined in insurance policies. If there is more than one “occurrence” then there may be a possibility to recover more money. These types of policy-interpretation issues can add to complexities of your case.

An experienced catastrophic injury attorney will be able to identify these complexities and issues and inform you on expectations for timeline of the case.

Technology to keep you informed

Keibler Law Group utilizes state-of-the-art technologies to both prosecute your claim and keep you informed of your cases status. We have a calendar of events that will monitor your cases progress and show important events such as depositions, mediations, and trials. In addition, you will have access to all of your important information and documentation including pleadings (complaints, answers), discovery (written discovery, discovery motions), and dispositive motions (motions to dismiss, motions for summary judgment).

South Carolina Accident Lawyer

If you or a loved on were in an accident like a truck accident, car accident, motorcycle accident, workplace injury, medical malpractice, or some other catastrophic injury, you may need the help of a qualified South Carolina car accident attorney. Motor vehicle accidents can change you or your loved one’s life. You or your loved one may have injuries and be in intense pain, be unable to work or provide for family, and may require considerable medical treatment. Deadly car accidents are on the rise in South Carolina – we’re here to help. Keibler Law Group offers car accident legal services in South Carolina, we’re understanding with the situation you are in, and we will help you get the most compensation that you and your family need.