What to Know About Working With Olivetti, McCray and Withrow for a Personal Injury Claim
Olivetti, McCray and Withrow LLC handles personal injury cases across South Carolina
Olivetti, McCray and Withrow LLC is a law firm based in South Carolina that represents people injured in accidents, workplace incidents, and other situations where someone else's negligence caused harm. The firm works on personal injury cases—the kind where you may have medical bills, lost wages, or ongoing pain from an injury that wasn't your fault.
The firm operates on a contingency fee basis, which means you do not pay upfront legal costs. Instead, the attorney's fee comes from any settlement or judgment you receive. If the case does not result in money for you, you typically owe nothing for legal representation.
Like any law firm, Olivetti, McCray and Withrow has specific practices, experience areas, and ways of working with clients. Understanding how they operate and what to expect can help you decide whether to reach out.
Key Takeaways
- Olivetti, McCray and Withrow works on contingency, meaning you pay no upfront legal fees and the firm's payment comes from your recovery.
- The firm handles personal injury cases in South Carolina, including accidents, workplace injuries, and negligence claims.
- You should gather medical records, accident reports, and documentation of expenses before your first conversation with the firm.
- Personal injury cases often take months or longer to resolve, and settlement offers may come at different stages of the process.
How contingency fees work with personal injury attorneys
When a personal injury attorney works on contingency, the firm advances the costs of your case—filing fees, expert witnesses, medical record requests, and investigation—and recovers that money plus a percentage of your settlement or judgment. The percentage is typically one-third to one-half of what you recover, though this varies by firm and by case.
This arrangement means the firm has financial incentive to win or settle for a strong amount, because they only earn money if you do. It also means you should understand what percentage the firm charges before you sign any agreement. Ask directly: "What percentage of my recovery does the firm take?" The answer should be in writing in your retainer agreement.
If your case does not settle and goes to trial, some firms charge a higher percentage for trial work. Others charge the same percentage regardless. This is another detail to confirm in writing before the firm begins work.
What to bring to your first meeting
Before you contact Olivetti, McCray and Withrow or any personal injury firm, gather the documents that explain what happened and what it cost you. Medical records from your treatment—hospital discharge summaries, doctor's notes, imaging reports, and bills—form the foundation of your case. Accident reports from police, your employer, or the property owner matter too, because they document how the injury occurred.
Bring proof of lost income: pay stubs, a letter from your employer stating the dates you missed work, or tax returns if you are self-employed. Photographs of the scene, your injuries, or the vehicle or property involved are powerful evidence. Insurance correspondence, demand letters you have already sent, and any written communication with the other party all help the attorney understand where things stand.
You do not need to have everything organized perfectly. Attorneys expect documents to arrive in pieces over time. What matters is that you bring what you have so the firm can assess your case accurately.
How personal injury cases move from start to settlement or trial
Most personal injury cases follow a similar path. After you hire the firm, the attorney investigates: gathering medical records, obtaining the accident report, interviewing witnesses, and sometimes hiring experts to explain how the injury happened and what it will cost you long-term. This phase can take weeks or months depending on the complexity of your injury and the other party's insurance company.
Once investigation is complete, the firm sends a demand letter to the other party's insurance company. This letter explains your injuries, your medical treatment, your lost wages, and the amount you are seeking. The insurance company then makes an offer, often much lower than your demand. Negotiation follows—back-and-forth offers and counteroffers—until you reach a settlement or decide to go to trial.
Settlement can happen at any stage, even weeks before trial. If no settlement is reached, your case goes to court, where a judge or jury hears evidence and decides whether the other party was negligent and, if so, how much to award you. Trial adds time and cost but sometimes results in a larger award than settlement.
Questions to ask before hiring any personal injury firm
Beyond the contingency percentage, ask the firm how long cases like yours typically take to resolve. Personal injury cases vary widely—a straightforward car accident might settle in six months, while a complex workplace injury could take two years or more. Knowing the typical timeline helps you plan.
Ask whether the firm handles your type of injury. Some firms specialize in car accidents, others in workplace injuries or medical malpractice. A firm experienced in your specific situation will know the common pitfalls and what insurance companies typically offer for similar cases.
Ask who will be your main point of contact. Will you work directly with the attorney, or will a paralegal or associate handle most communication? Ask how often you can expect updates and what the firm's preferred method of contact is—phone, email, or in-person meetings.
Ask what happens if the firm and you disagree on whether to accept a settlement offer. Some firms require your written consent before accepting any offer. Others may have different practices. This matters because you have the final say on whether to settle, and you should know how the firm handles disagreement.
What affects how much your case might be worth
Personal injury settlements and judgments depend on several factors: the severity of your injury, the cost of your medical treatment, how much income you lost, whether your injury is permanent, and how clear the other party's fault is. A broken arm that heals fully in three months is worth less than a spinal cord injury that causes lifelong disability. A case where the other party was obviously at fault is worth more than one where fault is shared or unclear.
Insurance companies use formulas—multiplying your medical bills by a number between 1.5 and 5, depending on injury severity—as a starting point. But your actual case value depends on what a jury would award if the case went to trial. An experienced attorney can estimate this based on similar cases in your area and the specific facts of your injury.
Do not expect the insurance company's first offer to reflect the true value of your case. Initial offers are typically 20 to 40 percent of what the case is actually worth. Negotiation and the threat of trial usually move the number higher.
When to contact a personal injury attorney
Contact a personal injury firm as soon as you know someone else's negligence caused your injury. The sooner you reach out, the sooner the firm can preserve evidence, interview witnesses while memories are fresh, and begin building your case. There is no penalty for calling early; the firm will tell you if your situation does not warrant legal representation.
South Carolina has a statute of limitations—a deadline for filing a personal injury lawsuit. For most personal injury cases, you have three years from the date of injury to file in court. This does not mean you must wait three years; it means you cannot file after three years have passed. Contacting a firm well before that deadline gives you time to investigate, negotiate, and prepare for trial if needed.
If you have already been contacted by an insurance adjuster or received a settlement offer, contact an attorney before responding. Insurance companies often pressure injured people to settle quickly for less than their case is worth. An attorney can review any offer and advise whether it reflects the true value of your injury.
Frequently Asked Questions
Do I have to pay anything upfront to hire Olivetti, McCray and Withrow?
No. The firm works on contingency, meaning you pay no upfront legal fees. The firm covers the costs of your case and takes its fee from your recovery. If you do not recover money, you typically owe nothing for legal representation.
How long does a personal injury case usually take?
It varies. Simple cases may settle in six months to a year. Complex cases with serious injuries or disputed fault can take two to three years or longer. Your attorney can give you a better estimate based on the specific facts of your injury and the insurance company involved.
What if I disagree with the firm about accepting a settlement offer?
You have the final say. You cannot be forced to settle. Ask the firm upfront how it handles disagreement between attorney and client on settlement decisions. Most firms require your written consent before accepting any offer.
Can I still hire an attorney if the accident happened several months ago?
Yes, as long as you are within South Carolina's three-year statute of limitations. Contact the firm as soon as you decide you need representation. The longer you wait, the harder it becomes to gather evidence and interview witnesses, but you are not too late if it has been a few months.
What if the insurance company denies my claim?
An attorney can challenge a denial and, if necessary, file a lawsuit. Insurance companies sometimes deny claims hoping the injured person will give up. An attorney knows how to respond to denials and can pursue your case in court if the insurance company will not negotiate fairly.