Discovery in South Carolina Personal Injury Litigation: What Both Sides Are Looking For and Why It Matters
The discovery phase of a South Carolina personal injury lawsuit is where cases are won and lost long before trial. Understanding what each side is seeking — and how to protect your legitimate interests — is essential for any Charleston injury plaintiff who may be heading toward litigation.
Television depictions of trials suggest that cases are decided by dramatic courtroom moments. In reality, South Carolina personal injury cases are decided primarily during the pretrial discovery phase — the formal process by which both parties exchange information, take depositions, and identify the evidence that will or will not support their positions at trial. Understanding discovery from the plaintiff's perspective helps injured Charleston residents make informed decisions about their cases.
The Formal Discovery Tools Under South Carolina Rules
South Carolina Rules of Civil Procedure Rules 26 through 37 govern the discovery process. The primary tools are:
- Interrogatories. Written questions that the opposing party must answer under oath within 30 days. In personal injury cases, defendants use interrogatories to identify prior accidents, prior medical treatment, other potential defendants, and witnesses. Plaintiffs use them to identify all persons with knowledge of the incident, insurance policy information, maintenance records, and prior similar incidents.
- Requests for Production. Written requests for documents, electronically stored information, photographs, videos, records, and other tangible items. The scope of document discovery in a serious personal injury case is broad: medical records, employment records, vehicle maintenance records, black box data, surveillance footage, prior complaints about a dangerous condition, drug and alcohol test results, and communications about the incident are all routinely requested.
- Depositions. The most powerful discovery tool. Depositions are oral examinations of witnesses under oath, transcribed by a court reporter and often videotaped. The deposition of the at-fault driver, the corporate representative of a defendant company, and the plaintiff themselves are central events in serious injury litigation. Deposition preparation is one of the most important services a personal injury attorney provides.
- Requests for Admission. Written requests that the opposing party admit or deny specific facts. Strategic requests for admission can narrow the disputed issues at trial and lock opposing parties into positions that are difficult to walk back later.
Independent Medical Examinations (IMEs)
In cases involving significant personal injury claims, the defense has the right under Rule 35 to require the plaintiff to submit to an Independent Medical Examination by a physician of the defendant's choosing. Despite the name, IME physicians are paid by the defense and frequently render opinions favorable to the defense. Preparing a plaintiff for an IME — understanding its scope, limits, and likely outcomes — is a standard part of case management in serious injury litigation.
Social Media Discovery
South Carolina courts have permitted defense discovery of plaintiffs' social media content when it is reasonably calculated to lead to admissible evidence about their claimed injuries or activities. A plaintiff who claims a disabling back injury and posts photographs of a hiking trip faces a significant credibility problem at trial. Plaintiffs should assume their social media activity is subject to discovery from the moment a claim is made.
How Traywick Law Helps
Our office manages the discovery process in personal injury litigation to maximize the information we obtain about the defendant's conduct and minimize the exposure of irrelevant or prejudicial plaintiff information. Visit the Traywick Legal Blog for more analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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David Traywick offers free consultations for personal injury and consumer law matters in Charleston, SC.