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Posted by Michael Melonakos on September 8, 2026 in Personal Injury
While filing a personal injury claim with an insurance company and filing a lawsuit in court are both paths to pursuing compensation from an at-fault party, the processes are not the same. The first involves filing an insurance claim with the at-fault party’s insurance company, while the second goes through the formal legal system when the insurance negotiation process fails to yield results.
Are you unsure how to file a personal injury claim in South Carolina? The Melonakos Law Firm wants to help you. Since 2018, we have supported numerous clients by handling the South Carolina legal process for them. Let our personal injury attorneys go to work for you now.
The process of filing an injury claim after a car accident begins with notifying the at-fault party’s insurance company and providing information about the accident, your injuries, and your resulting losses. The insurer will then investigate the incident, review medical records and bills, speak with the parties involved, and decide whether to accept liability or dispute the claim.
The demand letter is a key document during this stage. A demand letter is a written request for compensation that your attorney sends to the insurance company. It explains how your injury occurred, why the insured party should be held responsible, the injuries and treatment involved, and the amount of compensation you’re requesting. A South Carolina personal injury lawyer will likely include supporting records with the demand letter.
The insurance company can respond by accepting the demand, denying the claim, or making a settlement offer. Negotiations may continue before either side considers filing a lawsuit.
Under South Carolina law, most personal injury lawsuits must be filed within three years after a person knew or reasonably should have known they had a claim. Missing the deadline can forfeit your chance to pursue compensation no matter how valid your case otherwise would be.
However, claims against a government body follow different rules under the South Carolina Tort Claims Act. A verified claim, when used, must be filed within one year. Lawsuits generally have a two-year deadline, which is extended to three years if you first filed a verified claim.
If negotiations fail to resolve your personal injury case, you may file a lawsuit in South Carolina’s Court of Common Pleas. That begins the formal litigation process, during which each side exchanges evidence, takes depositions, files motions, and prepares for trial.
South Carolina requires most civil actions in circuit court to go through alternative dispute resolution (ADR) before trial unless an exception applies or the court grants an exemption. The parties may also agree to another permitted ADR process.
Due to the personal injury statute of limitations in SC, it is important to take timely steps to protect yourself and preserve your right to seek compensation after an injury accident. The Melonakos Law Firm is ready to take your call. The initial consultation is always free, and we work on a contingency-fee basis, meaning we charge attorney’s fees only if we win your case.
Contact us right away to get started with a case review from an experienced Greenville personal injury lawyer.
