How to File a Personal Injury Claim
Updated October 2026
Filing a personal injury claim in South Carolina usually involves investigating the accident, determining who was responsible, documenting your injuries and losses, negotiating with the insurer, and filing a lawsuit when you can’t reach a fair resolution. Contact Whetstone Perkins & Fulda to learn more about your case if you were injured in an accident due to another’s negligence. Our personal injury lawyers in South Carolina can handle much of this legal process while building the evidence needed to support your claim.
Our South Carolina Personal Injury Attorneys First Evaluate Whether You Have a Viable Claim
The process begins with a review of what happened and an assessment of whether the facts support a legal claim. Our lawyers may review the accident report, medical records, photographs, witness accounts, insurance information, and other evidence to identify who or what may be liable. They also consider whether the facts establish negligence or another legal basis for recovery and whether any issues could affect your claim.
We Investigate Your South Carolina Personal Injury Claim
Our investigation typically involves interviewing witnesses, obtaining surveillance footage, reviewing photographs, examining physical evidence, and identifying additional records that may show how you were injured. The investigation may also identify other potentially responsible parties. For example, a vehicle owner, employer, property owner, manufacturer, or other party could become part of a claim when the evidence supports liability.
Medical Treatment Creates Evidence of Your Injury
Prompt medical attention is important for your health, but it also creates records documenting your injury and treatment. Medical records can show when your symptoms began, what doctors diagnosed, what treatment you required, and whether your injury continued to affect your life. Our South Carolina personal injury attorneys may use those records, along with medical opinions and other evidence, to link your injury to the accident and document its associated losses.
Our Personal Injury Lawyers in South Carolina Handle the Insurance Claim
After investigating your case, our lawyers can prepare a compensation demand and communicate with the insurance provider. The demand may include medical expenses, lost income, future losses, pain and suffering, and other damages supported by the evidence. Insurers may dispute liability, question the severity of your injury, or argue that some treatment was unrelated to the accident. We will address those issues with evidence rather than allowing the insurer’s position to determine your claim’s value.
Settlement Negotiations May Resolve Your Personal Injury Claim
Many personal injury claims are resolved through negotiations rather than a trial. Our attorneys may exchange settlement offers with the insurer and explain the strengths and weaknesses of the case as negotiations continue. We will evaluate any settlement offer against your documented losses, the evidence supporting liability, your future medical needs, and the risks of continuing your case.
A Lawsuit May Be Necessary When Negotiations Fail
If the insurer will not offer an acceptable settlement, our lawyers may file a civil lawsuit before the statute of limitations expires, which is generally three years from the accident date under S.C. Code § 15-3-530. There are limited exceptions that might shorten or extend this deadline, such as for claims against public entities or injuries that are discovered later.
In South Carolina, a civil action generally begins with the filing of a summons and complaint under Rule 3 of the South Carolina Rules of Civil Procedure. The defendant must then be properly served under Rule 4.
Once litigation begins, the case may involve discovery, depositions, expert testimony, motions, and other court proceedings. We will handle these steps and prepare the evidence for further settlement discussions or trial.
If your case heads to trial, we’ll present evidence to establish liability and damages at trial. This may involve testimony from you and other injured persons, witnesses, physicians, accident reconstruction professionals, economists, or other experts. The court or jury then decides the issues presented at trial and, if liability is established, the amount of damages awarded.
Let Whetstone Perkins & Fulda Handle Your South Carolina Personal Injury Claim
A South Carolina personal injury claim requires more than submitting paperwork to an insurance company. Our legal team must develop the evidence, address disputes over responsibility and damages, negotiate with the opposing side, and, when necessary, file and litigate the case. Discuss your case with our South Carolina personal injury lawyers for free by contacting us online or at 803-799-9400.
