Personal Injury Claims in Charleston County Circuit Court
If you were injured in North Charleston, Charleston, Mount Pleasant, or anywhere in Charleston County, your personal injury lawsuit will be filed in the Charleston County Circuit Court at 100 Broad Street, Charleston, SC 29401. Understanding the court process reduces anxiety and helps you make informed decisions about your case.
Before Filing: The Pre-Litigation Phase
Most personal injury cases begin with an insurance claim before any lawsuit is filed:
- Medical treatment: Reach maximum medical improvement (MMI) or a clear prognosis before settling
- Demand letter: Your attorney sends a detailed demand to the insurance company with medical records, bills, lost wage documentation, and a settlement demand amount
- Negotiation: The insurance company responds (usually with a lower counter-offer). Rounds of negotiation follow.
- Settlement or litigation: If a fair settlement is reached, the case resolves without a lawsuit. If not, we file suit.
Most cases settle before trial. Approximately 95% of personal injury cases resolve without going to verdict. But having an attorney prepared to try the case gives you leverage the insurance company respects.
Filing the Lawsuit
If settlement negotiations fail, your attorney files a Summons and Complaint in Charleston County Circuit Court:
- Summons: Notifies the defendant that a lawsuit has been filed
- Complaint: Describes the facts of your case, the legal basis for your claim, and the damages you seek
- Filing fee: Paid to the Clerk of Court
- Service: The defendant must be formally served with the lawsuit documents
The Litigation Timeline
| Phase | Timeframe | What Happens |
|---|---|---|
| Filing & service | Months 1-2 | Complaint filed, defendant served, answer due within 30 days |
| Discovery | Months 3-12 | Interrogatories, depositions, document requests, medical record exchanges |
| Expert disclosure | Months 8-14 | Medical experts, accident reconstructionists, economists provide opinions |
| Mediation | Months 12-18 | Court-ordered settlement conference with a neutral mediator |
| Trial preparation | Months 16-22 | Pre-trial motions, jury instructions, exhibit preparation |
| Trial | Months 18-24+ | Jury selection, presentation of evidence, verdict |
Total timeline: Most personal injury cases in Charleston County take 18-24 months from filing to resolution. Complex cases (multiple defendants, severe injuries) may take longer.
What to Expect at Deposition
During discovery, you will likely be deposed — questioned under oath by the defendant’s attorney. Key guidelines:
- Tell the truth — you are under oath
- Answer only the question asked — don’t volunteer extra information
- Say “I don’t know” or “I don’t remember” if true — never guess
- Your attorney will be present and can object to improper questions
- The deposition is recorded and can be used at trial
Mediation: The Most Likely Resolution Point
Charleston County Circuit Court requires mediation in most civil cases. A neutral mediator facilitates settlement discussions. Key facts:
- Both sides present their case privately to the mediator
- The mediator shuttles between rooms suggesting settlement ranges
- Nothing said in mediation can be used at trial if it fails
- A large percentage of cases settle at mediation — having a prepared attorney maximizes your result
Jury Trials in Charleston County
If mediation fails, your case goes to a jury trial:
- Jury selection (voir dire): 12 jurors selected from the Charleston County jury pool
- Opening statements: Both sides outline their case
- Plaintiff’s case: Your attorney presents medical evidence, expert testimony, and witness accounts
- Defendant’s case: The defense presents their evidence and experts
- Closing arguments: Both sides summarize
- Jury deliberation and verdict: The jury decides fault percentages and damage amounts
Statute of Limitations
You must file your lawsuit within 3 years of the date of injury (S.C. Code § 15-3-530). If you miss this deadline, your case is permanently barred. Special deadlines apply to claims against government entities (SC Tort Claims Act) and workers’ compensation (2 years).
Why an Experienced Local Attorney Matters
Roden Law’s attorneys practice regularly in Charleston County Circuit Court. We know the judges, the local rules, and the jury pool. This matters because:
- Local procedural rules affect scheduling, motions, and discovery deadlines
- Charleston County jury tendencies inform case valuation and trial strategy
- Relationships with mediators help facilitate productive settlement discussions
- Familiarity with opposing attorneys and insurance defense firms informs negotiation approach
Call (843) 612-6561 for a free consultation.
About the Author
Graeham C. Gillin
Partner, COOGraeham C. Gillin serves as both attorney and Chief Operating Officer at Roden Law. He brings multifaceted expertise with a professional background spanning business management and commercial construction. His diverse experience positions him to lead the firm’s management, growth, and operational success. Education J.D., Charleston School of Law Bachelor’s Degree, Montana State University Bar Admission […]
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