The Personal Injury Case Process

The Process

When you work with a firm like Cummings & Lewis, the personal injury process shifts from a standard legal timeline into a localized, trial-focused strategy tailored to South Carolina law. Attorneys Blake Cummings and Alex Lewis approach cases with the specific intent of building them to withstand a courtroom, which ultimately gives you maximum leverage during settlement talks.

After an Accident

What you do in the minutes and days following an accident lays the groundwork for your entire legal claim, creating the primary evidence that Cummings & Lewis will use to build your case.

  • Seek Medical Attention Immediately: Your health is the priority, but this also creates an official medical paper trail linking your injuries directly to the accident. Delaying treatment gives insurance adjusters room to argue that your injuries weren’t severe or were caused by something else.

  • Gather Evidence at the Scene: If you are physically able, take photos of the vehicles, injuries, property damage, and contributing hazards. Collect names and phone numbers of witnesses, and request a copy of the police report.

  • Be Careful What You Say: Avoid apologizing or admitting fault at the scene (e.g., saying “I didn’t see you” or “I’m fine”). Insurance companies can use these statements to lower your payout.

Finding and Vetting Attorneys

This is where you shift the logistical burden off your shoulders. Personal injury law in South Carolina involves navigating complex state-specific liability rules, making a dedicated local firm necessary.

  • Researching Options: Look for attorneys who specialize exclusively in personal injury law, rather than general practitioners, such. Check review ratings, client testimonials, and their track record with local court systems.

  • The Initial Consultation: When you sit down for a free consultation with Cummings & Lewis, they specifically look at the viability of proving the other party’s negligence. They assess whether your injuries are severe enough to justify a civil claim.

  • Key Questions to Ask: Before signing anything, ask who will handle your day-to-day case (a partner, an associate, or a paralegal), how often they take cases to trial versus settling, and what their communication policy looks like.

The Retainer & Contingency Agreement

Once you decide to move forward, you establish a formal partnership.

  • No Upfront Costs: Many firms operates on a standard contingency fee basis. They cover the immediate costs of filing fees, medical records requests, and hiring investigators.

  • Understanding the Standard Rates: If your case settles before a lawsuit is filed, the fee is generally 33.3% (one-third) of the recovery. If they have to aggressively litigate or go to trial—leveraging their extensive courtroom experience—the fee typically shifts to 40% to cover the heightened risk and labor.

  • The Shield Goes Up: Once the representation agreement is signed, they send a formal “Letter of Representation” to the insurance adjusters. Legally, the insurance company can never call, text, or badger you again.

The Independent Investigation

While general firms might wait around for the police report, a trial-ready team actively gathers evidence before it disappears.

  • Evidence Preservation: The firm acts fast to pull commercial black box data (crucial in tractor-trailer wrecks) or secure local business surveillance footage before it is automatically overwritten.

  • Witness and Scene Tracking: They interview eyewitnesses while memories are fresh and deploy accident reconstruction experts if the other party is trying to blame you for the accident.

Reaching MMI & Calculating True Value

A core pillar of the firm’s philosophy is ensuring clients do not resolve a claim prematurely.

Cummings & Lewis will not issue a formal financial demand to the insurance company until your doctors declare you have reached MMI. This means your injuries have healed as much as they realistically will. Settling before this point risks leaving thousands of dollars on the table if you discover you need a future surgery or permanent physical therapy.

The Demand Package & Pre-Lawsuit Negotiation

With a complete picture of your medical bills, lost wages, and pain and suffering, the negotiation phase begins.

  • The Trial-Ready Demand: Your legal team compiles a comprehensive demand package. Because defense attorneys know Cummings & Lewis has a history of high-value trial results (including multi-million dollar wrongful death settlements), they take these demand packets seriously.

  • The Crossroads: If the insurance company counters with a fair offer that makes you whole, the case settles here. If they act in bad faith or offer pennies on the dollar, the firm shifts into litigation mode.

Litigation & The Discovery Phase

Filing a formal lawsuit kicks off a structured, court-mandated sequence in the South Carolina civil court system.

  • Filing the Pleadings:

    Your attorney files a formal Complaint in state or federal court detailing the defendant’s negligence. The defendant is served and has a strict deadline to file their Answer.

  • The Discovery Exchange:
    Both sides legally exchange evidence. You will answer written questions and participate in a deposition—a sworn, out-of-court oral testimony. Your attorney will stand by your side to protect you from tricky defense questioning.

  • Mandatory Mediation:
    South Carolina courts generally require mediation before a case goes to a jury. A neutral third-party mediator attempts to bridge the gap between both sides to reach a final voluntary settlement.

Trial & Disbursement

If mediation fails, your attorneys take the case to a jury.

  • In the Courtroom: Drawing on over 50 years of combined legal experience, your trial team presents your medical charts, expert testimonies, and accident data to a judge and jury.

  • Disbursement: When a successful verdict or late settlement is achieved, the funds go into a secure trust account. The firm handles paying off any medical liens (money you owe to hospitals or health insurance) and deducts their legal fees, delivering the remaining balance directly to you so you can move forward with your life.

FAQs About the Personal Injury Case Process

There is no one-size-fits-all calculator for a personal injury claim. The value depends entirely on the specific facts of your accident, the severity of your injuries, the amount of your medical bills, and how much work you missed. Your total compensation is split into economic damages (provable financial losses like hospital bills and lost wages) and non-economic damages (such as pain and suffering or loss of enjoyment of life). Cummings & Lewis will never give you a baseline guess early on—we calculate your true case value only after you have reached Maximum Medical Improvement (MMI).

Yes, you can still recover compensation in South Carolina under a law called modified comparative negligence. As long as you are 50% or less at fault for the accident, you can legally collect damages. However, your financial recovery will be reduced by your percentage of fault. For example, if a jury decides you are 10% at fault for an accident and your total damages are $100,000, your final award will be reduced by 10% ($10,000), leaving you with $90,000. If you are found 51% or more at fault, you cannot recover anything.

In South Carolina, the standard statute of limitations (the legal deadline to file a lawsuit) is three years from the date of the accident. If you miss this deadline, you lose your legal right to take the at-fault party to court, and insurance companies will refuse to negotiate with you. There are rare exceptions that can shorten or lengthen this window (such as claims against government entities or injuries involving minors), so it is crucial to consult with an attorney as soon as possible.

Most likely, no. Statistically, roughly 90% to 95% of all personal injury cases resolve through an out-of-court settlement before a trial ever happens. Insurance companies prefer to avoid the high cost and unpredictability of a jury. However, Cummings & Lewis prepares every single file as if it is going to trial. This aggressive reputation lets the insurance adjusters know we won’t accept a lowball offer, which gives you significantly more leverage during settlement negotiations.

You never have to worry about out-of-pocket costs when hiring Cummings & Lewis. We operate entirely on a contingency fee agreement. This means our legal fees are directly tied to the success of your case. We advance all upfront expenses—such as paying for medical record copies, filing fees, and expert witnesses. We only get paid if we successfully secure a settlement or win a jury verdict for you, taking a standard percentage of that final amount. If we don’t win your case, you owe us nothing.

Contact Cummings & Lewis for a Free Consultation

At Cummings & Lewis, we know that a serious accident turns your life upside down in an instant. You shouldn’t have to play phone tag with insurance adjusters or decipher complex legal deadlines while trying to heal. Our team treats you like a person, not a case number. From the moment you sign with us, we step in as your legal shield—handling the heavy lifting, investigating the details, and aggressively pursuing the compensation you deserve. We navigate the complexities of the legal system so you can focus entirely on what matters most: your recovery. Fill out the form below and schedule a free consultation.

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