Can It Be Too Late to Call a Personal Injury Lawyer After an Accident in Charleston?

After a car accident, victims may feel overwhelmed with injuries, vehicle damage and medical bills. With everything happening at once, calling an attorney might not be a victim’s first thought. However, waiting too long to contact a personal injury attorney could cost you the ability to recover compensation for your damages.

If you have been involved in a car accident, do not wait to seek legal counsel after visiting a medical professional. Building a compelling case takes time, and an attorney may not be willing to take your case if it is too late in the game.

At Roden Law, our highly qualified Charleston personal injury lawyers are here to help you with your potential case so you can focus on your recovery. We have helped our clients secure millions in compensation and are prepared to fight for the full and fair recovery you deserve. Find out about your legal options when you schedule a consultation with our firm. This case review is completely no-risk and free. When we represent you, there are no upfront costs or fees to pay.

Request your free consultation today: 1-844-RESULTS.

Why Timing Matters in Charleston Accident Claims

The clock starts ticking on your legal rights after a car crash or slip-and-fall in Charleston. Many accident victims do not realize that waiting even a few weeks to speak with an attorney can significantly damage their case.

South Carolina law gives you just three years from the date of your accident to file a personal injury lawsuit. Three years may sound like a long time, but here are a lot of steps that have to happen to get your case to the finish line, and the deadline is not flexible. Therefore, missing the deadlines will likely mean your case will get thrown out, regardless of how serious your injuries are or how apparent the other party’s fault is.

Securing compensation is a long process that involves more than filing before the deadline. With each day that passes, evidence gets lost, destroyed or overwritten.

Below are some examples of how evidence may disappear after an incident:

• Evidence disappears quickly at accident scenes. Skid marks fade, hazardous conditions are repaired and surveillance footage is often deleted within days.
• Insurance companies gain advantages. They document everything while you recover, building their defense before you even consult an attorney.
• Medical documentation gaps develop. Delaying treatment or having inconsistent medical care creates credibility issues that insurance companies exploit.
• Witness memories fade rapidly. The person who saw the other driver texting becomes less specific about details with each passing week. It is not their accident, so they do not have any reason to hold on to memories about your injury.

South Carolina’s Legal Deadlines for Accident Claims

The following types of personal injury cases in South Carolina have a three-year deadline for victims to apply for claims.

• Car accidents
• Slip-and-falls
• Dog bites
• Motorcycle crashes
• Bicycle accidents

When the Standard Deadlines Do Not Apply to Your Case

Certain types of claims follow different timelines. If you file a case under these circumstances, the deadline may change.

Cases Involving At-Fault Government Entities

If you are suing a government entity, such as a Charleston city bus or county vehicle, you must file a notice within one year and a lawsuit within two years.

Medical Malpractice Cases

Medical malpractice claims typically have a three-year deadline. However, if the injury was not immediately discoverable, you may have up to six years from when the malpractice occurred.

Wrongful Death Cases

For wrongful death cases, families have three years from the date of death, not the accident date. This is vital in cases where a person survives the incident but passes away days, weeks or months later due to their injuries.

Minors Who Are Injured

If a minor is injured in an accident or another personal injury incident, the deadline may be paused until the minor turns 18.

Reasons Accident Victims Delay Calling Attorneys

Some victims may wait weeks or even months after accidents before consulting with a lawyer. This hesitation often stems from common misconceptions that can ultimately harm their case.

You Believe Your Injuries Are Not Serious Enough

After an incident, some accident victims initially downplay their injuries. That soreness after being rear-ended may seem minor until it develops into a herniated disc requiring surgery weeks later. Traumatic brain injuries following a fall at a restaurant might initially present as just headaches before cognitive symptoms emerge. By the time you realize the severity, key evidence may be gone.

You Speak to The Insurance Adjuster Without an Attorney

The adjuster from the at-fault driver’s insurance company calls you immediately after your accident. They may sound helpful and promise to “take care of everything.” They do not tell you that their job is to minimize payouts. When you realize their lowball offer does not cover your medical bills, they have already secured statements from you that undermine your claim.

You Are Worried About Attorney Costs

Charleston accident victims often delay calling attorneys because they are concerned about expensive hourly rates. Many do not realize that most reputable Charleston personal injury lawyers operate on a contingency fee basis. This means you pay nothing upfront, and attorneys only get paid if you receive your settlement. Free consultations mean you can get professional advice with zero financial risk.

Liability Seems Unclear in Your Accident

Depending on the scenario, you may wonder if you were partially at fault what happened to you. You may be unsure if your slip and fall at a grocery store warrants legal action or concerned you might have been partially to blame for your car crash.

South Carolina’s comparative negligence laws still allow recovery even if you were partly responsible. Keep in mind that you must be 50 percent or less at fault. An experienced attorney can properly evaluate these complex liability scenarios.

You Are Overwhelmed with Recovery

After serious injuries, simply getting through each day is challenging. Between doctor appointments, pain management and financial stress, calling a lawyer feels like one more task you do not have the energy for.

Unfortunately, this is when insurance companies push hardest for quick settlements. While you are at your most vulnerable point and before you understand the full extent of your damages,

What Steps Should I Take After a Car Accident

At the car crash, turn on your hazard lights and ensure you are not in the way of traffic. If possible, move your vehicle to the side of the road to avoid blocking traffic.

Dial 911 if there are significant injuries that need immediate medical attention. Even if you feel fine after a car accident, check for injuries by visiting a local emergency room or clinic. Keep a record of all documents when you go to seek medical attention. Evidence of your diagnosis, treatment and expenses can help link your injuries to the car crash.

After seeking medical attention, consider consulting a legal professional. An attorney can help you negotiate with the insurance company and preserve essential evidence. They can also prevent you from making statements that could harm your claim and ensure all proper procedures are followed.

Insurance companies’ primary objective is to pay you as little as possible, so they protect their profit. An attorney can ensure that you obtain the maximum compensation you need for your recovery.

Call Roden Law After You Have Been Involved in a Personal Injury

South Carolina gives you three years to file most personal injury claims. However, waiting too long can make your case more challenging to prove.

At Roden Law, we understand the urgent nature of timing in personal injury cases. Our Charleston attorneys help clients collect key evidence. We have the knowledge and resources to navigate South Carolina’s complex legal process. You do not have to seek your compensation on your own. Schedule a free consultation with one of our attorneys today to determine your legal options.

Millions Recovered. Proven Results: 1-844-RESULTS