When you’ve been injured in an accident, one of the biggest questions you’ll face is:
Should I settle my case, or take it to court? And it’s not a decision to make lightly.

At Leffew Law Firm, we help Charleston residents weigh their options with clarity, strategy, and a strong understanding of both the legal and personal implications. In this blog, we’ll explore what you need to know about whether a lawsuit or a settlement is right for your case.

What’s the Difference?

  • Settlement: You and the insurance company (or opposing party) agree on a payment amount before going to court.
  • Lawsuit: You take the case to court, where a judge or jury decides the outcome.

While most personal injury cases settle outside of court, there are times when filing a lawsuit is not just appropriate—it’s necessary.

When Settlement Might Be the Right Choice

A settlement is often faster, less stressful, and more predictable. It might be the best route if:

  • Liability is clear – There’s no dispute over who caused the accident.
  • Your injuries are well-documented, and treatment is complete.
  • The insurance company is negotiating in good faith.
  • You’d prefer to avoid the uncertainty and time commitment of a court trial.
  • You’re being offered fair compensation that covers medical bills, lost income, and pain and suffering.

In Charleston, where court dockets can move slowly, a well-negotiated settlement may resolve your claim more quickly, so you can focus on healing.

When a Lawsuit Might Be Necessary

There are times when settling too early could leave you without the compensation you need. A lawsuit may be the better option if:

  • The insurer refuses to offer a fair settlement.
  • Liability is disputed, or they’re trying to shift blame onto you.
  • You have long-term or permanent injuries that need expert evaluation and future care planning.
  • Your case involves bad faith insurance practices, delayed payments, or denial of coverage.
  • You want a jury trial to pursue full justice for your pain, trauma, or losses.

Charleston-Specific Considerations

In South Carolina, you typically have three years from the date of injury to file a personal injury lawsuit. But don’t wait. Local cases often involve unique factors:

  • Tourist-related accidents (rental bikes, scooters, rideshare)
  • Historic property hazards (trip-and-falls on old walkways or structures)
  • Flood-related car accidents or uninsured drivers

An experienced Charleston attorney understands the nuances of local courts, insurance adjusters, and how to build a case that resonates with Lowcountry juries—if it comes to that.

So, What Should You Do?

That depends on your goals, the nature of your injuries, and the specifics of your case. At Leffew Law Firm, we never push clients toward one path—we help you understand your options and build a strategy based on what’s best for you.

Sometimes, a strong case can lead to a more favorable settlement offer. Sometimes, going to court is the best way to get the respect and results you deserve.

Reach Out to Our Charleston Law Firm & Let’s Talk About Your Case

If you’re feeling stuck between settling and suing in Charleston, SC, don’t go it alone. Whether it involves wrongful death, medical malpractice, or another issue, our legal team will review your case, explain your rights, and provide you with honest, experienced legal representation. Contact Leffew Law Firm today for a free consultation, and let’s figure out your next best step.