If you were hurt in an accident in South Carolina, you may be wondering how a personal injury settlement works. In South Carolina, most personal injury cases are resolved through settlements rather than trials. The process begins with filing a claim and gathering evidence to prove liability and damages. At the West Law Firm, we have extensive experience with the personal injury lawsuit settlement process. In this article, our Summerville personal injury attorney explains key points about getting a settlement in South Carolina.
Steps in a Personal Injury Lawsuit
Step #1: Schedule a Free Consultation With a Summerville Personal Injury Lawyer
Your medical needs always take top priority after an accident. Your next call should be to a personal injury attorney in Summerville. Indeed, the claims process should begin with a consultation. A free case evaluation is a meeting that allows a lawyer to assess the accident, review medical treatment, and determine liability. It also helps the victim understand whether the claim is viable under South Carolina law. At this stage, your attorney explains what evidence will be needed and what damages may be pursued. We provide free, comprehensive initial consultations.
Step #2: Draft and Send a Demand Letter to the Defendant/Insurer
The demand letter serves as the formal opening of negotiations. It details the facts of the accident, outlines the injuries sustained, and assigns fault to the defendant. Among other things, a demand letter also explains the medical expenses, wage losses, and pain and suffering damages that are being claimed. Supporting documentation should generally also be attached. A demand letter should always be drafted by an experienced Summerville personal injury lawyer. When done properly, it can do a lot to move your case forward.
Step #3: Prepare for Settlement Negotiations
Negotiations are the heart of the settlement process. Preparation begins with organizing the evidence into a clear package that supports liability and damages. Lawyers anticipate arguments from the insurer, including attempts to minimize injury or shift blame. Settlement discussions may involve several rounds of offers and counteroffers. Each side evaluates risk, including the costs and uncertainties of the trial. Skilled negotiation requires patience and persistence. Do not agree to accept a lowball settlement offer. You have the right to negotiate for full and fair financial compensation.
Step #4: File a Personal Injury Lawsuit (If Case is Not Settled)
If negotiations fail, the next step is to file a lawsuit in civil court. Filing preserves the victim’s legal rights within the statute of limitations. It also signals to the insurer that the victim is prepared to pursue full justice. The complaint outlines the facts of the case, the legal basis for liability, and the damages sought. Once served, the defendant must respond. Most often, they will do so through their legal counsel and/or through the legal counsel of the insurance company.
Step #5: Go Through the Discovery Process
Discovery is the stage where both sides exchange evidence. Written questions, sworn depositions, and document requests are common. The process allows the victim’s lawyer to uncover critical details about the defendant’s actions. Discovery may also involve expert testimony, such as accident reconstruction specialists or medical experts. Insurance companies often try to challenge liability and/or the extent of your injuries. Your Summerville personal injury lawyer will ensure that the record is accurate and that your claim is well-supported. Discovery can be time-consuming and complex, but it can also do a lot to strengthen your personal injury case.
Step #6: Prepare for a Trial
If a settlement cannot be reached, the case moves toward trial. While litigation is not required in to settle all personal injury cases in South Carolina, there is always a possibility that it will be needed in yours, especially if you suffered a serious injury in an accident. Your personal injury lawyer will help you prepare for each and every aspect of litigation. It is a highly technical process. At trial, a judge or jury decides liability and damages. You need to be prepared to present a strong case that is backed by comprehensive and compelling evidence. Remember, as part of a personal injury claim in South Carolina, you need to prove both liability (fault) and damages (your losses).
Note: Not all personal injury cases go to trial. Indeed, more than 95 percent of personal injury claims nationwide are resolved before a verdict is issued (Bureau of Justice Statistics). In some cases, a personal injury settlement can be reached after a demand letter is sent but before any lawsuit is ever actually filed. Further, a settlement can be reached at any point in the process. Some personal injury claims are even settled the day before a trial or after a trial has already started.
You Do Not Have to Navigate the Injury Lawsuit Process Alone
It is normal to have a lot of questions about what to do to protect yourself, your rights, and your interests after a serious accident. Unfortunately, the big insurance companies are not on your side. They fight hard to settle personal injury claims for less. If they can get away with it, they will even try to deny liability altogether. Do not try to take on the claims process alone. A top-tier Summerville, SC personal injury lawyer can review your case, answer your questions, and take whatever action is needed to help you get justice and the maximum financial compensation. You may be able to recover for property damage, medical bills, lost wages, and pain and suffering.
Why Trust Our Summerville Personal Injury Attorney After a Bad Accident
Hurt in a serious accident in Summerville or elsewhere in South Carolina? You have the right to seek compensation for the full extent of your damages, including for any non-economic losses. How much can you expect to recover through a claim? The answer depends on a wide range of case-driven factors, including how effectively you are able to navigate the settlement process. At the West Law Firm, we have the experience that you can trust. With a proven record of case results, our firm puts injured victims and their families first. We are proud to fight for justice for people in Summerville, South Carolina. Summerville sits at the crossroads of major transportation routes. Unfortunately, we know that many bad accidents happen on local highways such as Interstate 26 and U.S. Highway 78.
Contact Our Summerville, SC Personal Injury Attorney Today
At the West Law Firm, our Summerville personal injury lawyer is an aggressive advocate for justice.
We have extensive experience handling all aspects of the settlement process. Call us now or contact us online today for a free case consultation. We handle personal injury claims in Summerville (29483, 29484, 29485, 29486) and throughout all of the Lowcountry of South Carolina.