You did not ask to be here.
An accident interrupted your life, your health, your income, and your sense of control. Now you are being asked to make decisions that could affect you for years.

One of the biggest questions personal injury victims face is this:

Should I settle my case, or should I take it to trial?

There is no one-size-fits-all answer. But there is a right decision for your case, your injuries, and your future.

This guide breaks it all down in plain English so you can move forward with clarity, confidence, and leverage.

The Two Paths in a Personal Injury Case

Every personal injury case in South Carolina eventually heads toward one of two outcomes:

• Settlement – an agreement reached outside of court
• Trial – letting a judge or jury decide the outcome

Both paths have advantages and risks. The right choice depends on evidence, liability, insurance limits, medical documentation, and how aggressively the other side is fighting.

Common Personal Injury Questions in South Carolina – How Medical Records Impact Your Settlement

What Does It Mean to Settle a Personal Injury Case?

A settlement is a legally binding agreement where the injured person agrees to accept compensation in exchange for ending the case.

Once you settle:

• The case is over
• You cannot ask for more money later
• The defendant is released from further liability

Settlements typically happen:

• After medical treatment stabilizes
• After evidence is gathered
• Often during negotiation or mediation

Steps to Take Immediately After an Accident to Protect Your Rights

Is Mediation Legally Binding in Personal Injury Cases?

Mediation itself is NOT automatically binding.

However:

• If mediation results in a signed settlement agreement, that agreement is legally binding
• Once signed, it is enforceable under South Carolina contract law

South Carolina courts often encourage mediation, especially in injury cases.
Learn more from the South Carolina Judicial Branch:
👉 https://www.sccourts.org

When Does It Make Sense to Settle?

Settlement is often the right choice when:

• Liability is clear
• Insurance coverage is limited
• Medical treatment is complete or predictable
• You want faster resolution and financial certainty
• The offer fairly reflects your damages

Benefits of Settling

• Faster compensation
• No courtroom stress
• Predictable outcome
• Lower legal expenses
• Privacy

Most personal injury cases do not go to trial.

When Should You Consider Going to Trial?

Trial may be the better option when:

• The insurance company refuses to be reasonable
• Fault is disputed
• Injuries are severe or permanent
• The defendant denies responsibility
• Policy limits are high enough to justify trial risk

Trials are about leverage. Sometimes the willingness to go to trial is exactly what forces a fair settlement.

How Long Should a Personal Injury Case Take to Settle?

There is no exact timeline, but here is a realistic breakdown:

• Minor injury cases: a few months
• Moderate injuries: 6 to 12 months
• Severe or disputed cases: 1 year or longer

Cases often take longer when:

• Medical treatment is ongoing
• Liability is contested
• The insurer delays negotiations

When Should You Hire a Personal Injury Lawyer?

You should speak with a lawyer as soon as possible if:

• You were injured due to someone else’s negligence
• An insurance company contacted you
• You suffered more than minor injuries
• You missed work
• Fault is unclear or disputed

Early legal involvement protects evidence, prevents mistakes, and preserves leverage.

👉 Talk to a Personal Injury Attorney – Mastantuno Law Firm

What Is the Personal Injury Claim Process in South Carolina?

1. Investigation & Evidence Collection

• Accident reports
• Witness statements
• Medical records
• Photos and videos

2. Insurance Claim & Demand

• A formal demand letter is sent
• Negotiations begin

3. Filing a Lawsuit (If Necessary)

• A summons and complaint are filed
• The defendant is served
• Discovery begins

4. Mediation & Negotiation

• Many cases resolve here

5. Trial (If Required)

• Judge or jury decides the outcome

See How Social Media Can Derail Your Personal Injury Claim

What Should You Do After a Personal Injury Accident?

• Take photos of injuries and the scene
• Seek medical care immediately
• Follow all doctor instructions
• Document symptoms and limitations
• Preserve evidence
• Avoid recorded statements without legal advice

What If I Am Partially at Fault?

South Carolina follows modified comparative negligence.

Under South Carolina Code §15-38-15:

• You can recover damages if you are 50 percent or less at fault
• Your compensation is reduced by your percentage of fault

Official statute:
👉 https://www.scstatehouse.gov

How Much Is My Personal Injury Case Worth?

Case value depends on:

• Medical bills
• Lost wages
• Future medical care
• Pain and suffering
• Permanent impairment
• Insurance coverage

There is no average case value that applies to everyone.

Pain and Suffering Compensation in South Carolina Personal Injury Cases

Do You Pay Taxes on Personal Injury Settlements?

Generally:

• Compensation for physical injuries is NOT taxable
• Lost wages may be taxable
• Punitive damages are taxable

IRS guidance:
👉https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments

Always consult a tax professional for your specific situation.

How Much Does a Personal Injury Lawyer Cost?

Most South Carolina personal injury lawyers work on a contingency fee basis.

That means:

• No upfront cost
• No fees unless you recover compensation
• Fees are a percentage of the recovery

👉 Personal Injury Lawyer Fees

What Happens If My Case Goes to Trial?

At trial:

• Evidence is presented
• Witnesses testify
• Experts explain injuries and damages
• A jury decides fault and compensation

Trials take longer and involve risk, but sometimes they are necessary to achieve justice.

What Is Considered a Personal Injury?

Personal injury cases include:

• Car accidents
• Truck accidents
• Motorcycle crashes
• Slip and falls
• Dog bites
• Premises liability
• Wrongful death

👉 All Personal Injury Cases We Handle

You Don’t Have to Decide Alone

The decision to settle or go to trial is not just legal.
It is personal.

The right attorney does not push you.
They prepare your case so well that the other side has no choice but to take you seriously.

If you are injured in South Carolina and unsure of your next move, Mastantuno Law Firm can help you understand your options and protect your future.

Contact Us Today