Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand South Carolina’s Legal Principles
South Carolina follows the “eggshell plaintiff” rule. A negligent driver takes you as they find you. If a minor pre-existing condition worsens after a crash, you can seek full compensation for all resulting harm. However, SC applies contributory negligence. If you share any fault in the crash, you may be barred from recovery.
Statute of limitations: You generally must file a negligence lawsuit within three years of the crash. (SC Code Ann. §15-3-530: link.) No-fault rules do not apply to most South Carolina wrecks, so you must show the other driver’s negligence to recover.
2. Document Your Pre-Accident Condition
- Gather medical records before the crash. Include doctors’ notes, test results, treatment plans, medications, and therapy sessions.
- Record pain levels and physical limitations. Use a journal or symptom-tracking app dated before the accident.
- Collect lay statements. Ask family, friends, or coworkers to document how your condition affected daily activities.
3. Record Post-Accident Exacerbation
- Seek immediate medical attention. Follow your doctor’s advice and attend all follow-up visits.
- Tell each provider about your pre-existing condition and how symptoms changed after the crash. Consistency strengthens your claim.
- Keep detailed bills and invoices. Track medical expenses, physical therapy, prescription costs, and assistive devices.
4. Prove Causation with Experts
To link the crash to your worsened condition, technical testimony typically helps. Work with a qualified medical expert who can:
- Review your full medical history and accident records.
- Explain how the collision aggravated your pre-existing injury.
- Project future medical needs and costs related to the exacerbation.
5. Notify Insurers and File a Claim
- Report the crash to your insurer promptly, per your policy’s terms (SC Code Ann. §38-77-160: link).
- Send a written demand letter to the at-fault driver’s insurer that outlines liability, injury details, and a settlement request.
- Attach documentation: expert reports, medical bills, lost wage records, and photos of injuries.
6. Negotiate or Litigate
Most cases settle before trial. Be prepared to:
- Negotiate: Counteroffer as needed. Stay reasonable but firm.
- Litigate: If settlement stalls, file suit before the three-year deadline. Use your documented evidence and expert testimony at trial.
Helpful Hints
- Start collecting records immediately—early documentation is key.
- Take photos and videos of visible symptoms and keep a dated journal.
- Keep copies of every letter, email, and medical invoice.
- Avoid posting crash details or injury updates on social media.
- Consider consulting a qualified personal injury attorney to review your documentation and strategy.