How Long Does a Car Accident Settlement Take in SC?

If you were recently hurt in a traffic collision in the Palmetto State, you might be wondering, “How long does a car accident settlement take in South Carolina?” The answer depends on several factors, from how badly you were injured to how many different parties were involved to how willing their insurance companies are to accept liability and agree to a fair payout.

As a general rule, you can expect a car accident case to take anywhere from several months to a few years. The important thing is to remain calm, trust the process, and get help from our experienced personal injury lawyers.

The Melonakos Law Firm has been fighting for full and fair settlements for clients in car accident cases across the Upstate since 2018. Contact us today for a free consultation so we can give you a better idea of what to expect.

What Happens Between the Crash and the Settlement Check

Here’s a breakdown of the South Carolina car accident settlement process and how long you can expect each step to take:

1. Investigating the car accident and gathering evidence: 2 to 8 weeks
2. Getting treatment and establishing a long-term prognosis: Up to 6 months
3. Sending the demand letter and waiting for reply: 1 to 3 weeks
4. Negotiating settlement terms and amounts: 2 weeks to 6 months
5. Signing the settlement documents: Up to 2 weeks
6. Resolving medical liens and other obligations: 1 to 6 weeks
7. Receiving the settlement check: 1 to 3 weeks

Some of the steps will happen concurrently. For example, your lawyer won’t just sit around waiting for you to complete medical treatment. Instead, we will investigate the accident and prepare your claim while you rest and heal.

As a general rule, you can expect the personal injury settlement process to take at least several months if your claim is fairly straightforward and a year or longer if your case is more complex or you need to go to trial.

Why Maximum Medical Improvement Sets the Pace of Your Claim

One of the key factors affecting the car accident claim timeline in South Carolina is how long it takes you to reach maximum medical improvement (MMI), the point at which more treatment won’t meaningfully improve your condition, or receive a long-term prognosis.

That is because your settlement should reflect not just the harm you have already suffered because of the car accident, but the harm you will suffer in the future due to long-term impairment. You won’t know what to expect in terms of ongoing medical care, future medical costs, how your injuries might affect your ability to work, or their impact on your quality of life until you reach MMI.

What Slows Down a South Carolina Car Accident Claim

Certain factors can extend the settlement timeline in South Carolina, including:

• Disputed fault: Further investigation and stronger evidence may be necessary when the drivers or insurance companies disagree about who caused the crash. South Carolina’s modified comparative negligence rule may come into play here, as an insurer could argue that an injured party is entitled to less compensation because they are partially at fault for the accident.
• Multiple involved drivers: Multi-vehicle crashes can take longer to settle because there may be more injured parties as well as more at-fault parties, each with their own insurance company eager to minimize its liability. It’s important to accurately determine each party’s share of fault, as South Carolina holds them responsible for only their own percentage of fault, unless they are 50 percent or more to blame for the accident.
• Low policy limits or missing insurance: The at-fault driver’s liability limits might be too low to cover the cost of the accident, or they might simply not have insurance at all. In such circumstances, the injured person’s lawyer may need to find other sources of compensation, including applicable underinsured or uninsured motorist coverage (UM/UIM).
• Insurer delay: An insurance company might insist it needs additional time to investigate the claim, review medical records, or respond to a settlement demand. Repeated document requests or slow responses can stretch out negotiations, though they could also violate the insurer’s obligation to handle claims fairly and efficiently.
• Ongoing medical treatment: It can be difficult to determine a claim’s full value while the injured person is still recovering. A settlement typically should not be finalized until the injured person’s long-term prognosis becomes clear.
• Serious or complicated injuries: Claims involving surgery, permanent impairment, future medical care, or substantial lost income typically require more documentation and analysis than claims involving relatively minor injuries.

When Filing a Lawsuit Makes Sense and What It Adds to the Timeline

While most successful personal injury cases end in a settlement, in some circumstances it may make sense to proceed to litigation, such as when an insurer disputes liability or the amount the injured person is demanding. That is when it becomes especially important to have a lawyer with a track record of delivering results at trial. If your lawyer has to file a lawsuit to pursue your rights, you can expect this to add several more months to more than a year to the timeline.

How Long It Takes to Get Paid After You Sign

At this point, you might be wondering, “When will I get my settlement check in SC?” The insurance company won’t just cut you a check when you sign the settlement contract. Instead, the funds will go to your attorney, who may first need to resolve your medical liens and health insurance subrogation claims, the money you owe to medical providers or health insurers because they paid for your care. That can add a few weeks or longer to the process, particularly if your attorney needs to negotiate down the amount you owe.

Once they’ve resolved these issues, your attorney will deduct their fees and case expenses according to the fee agreement you signed when they took your case. They will then disburse the remaining proceeds to you according to the terms of the settlement.

Talk to The Melonakos Law Firm Today

Now is the best time to start pursuing your car accident claim. Contact The Melonakos Law Firm today for a free consultation. We will answer your questions confidentially, at no cost, and with no further obligations.