FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Under South Carolina law, most personal injury actions—including those seeking compensation for lost wages—must be filed within three years of the date of injury. See S.C. Code Ann. § 15-3-530. However, meeting the filing deadline is only the first step toward resolution.

A typical timeline breaks down into several phases:

1. Initial Investigation (1–3 months): You or your attorney gather medical records, pay stubs, employer statements and other evidence of lost income.
2. Demand and Negotiations (3–9 months): Your attorney sends a demand letter explaining your total financial losses, including past and projected lost wages. The insurer reviews it, investigates liability and may open settlement talks. Complex or disputed cases can prolong this phase.
3. Filing a Lawsuit (if needed): If negotiations stall, your attorney files a complaint. Service of process and the defendant’s response add another 1–3 months.
4. Discovery (6–12 months): Both sides exchange documents, take depositions and may obtain expert opinions on your earning capacity. This stage can extend if experts’ schedules or court deadlines cause delays.
5. Pretrial Motions and Settlement Conferences (2–6 months): Parties may file motions to resolve issues beforehand. Courts often require mediation or settlement conferences, which can lead to a resolution without trial.
6. Trial (if necessary): Should settlement fail, the case goes to trial. From trial initiation to judgment typically ranges from 3 to 12 months, depending on court availability.

In total, a straightforward lost-wages case that settles before suit may resolve in 6 to 12 months. Cases that proceed to trial often take 18 months to 3 years, sometimes longer if appeals follow.

Helpful Hints

• Begin documenting wage loss immediately—keep copies of pay stubs, timesheets and employer statements.
• Track medical treatments and related expenses to strengthen your claim.
• Work closely with your attorney to meet all court deadlines and discovery requests.
• Consider mediation early to reduce costs and speed up resolution.
• Stay patient—complex liability disputes or high-value claims can prolong negotiations.
• Ask your attorney for regular status updates to monitor progress.