Hurt in an accident in Summerville or elsewhere in South Carolina? You have the right to seek full and fair compensation for your damages, including medical bills, lost wages, and pain and suffering. A lawsuit is not always required to get a payout. Many personal injury claims are settled. This raises an important question: Why is my personal injury case going to trial? The answer depends on a wide range of case-specific factors. Here, our Summerville personal injury attorney provides an overview of the most important things to know about settlement negotiations and why cases end up in litigation in South Carolina.
Most Personal Injury Claims are Resolved Through Settlement
As a background, it is useful to know that most personal injury claims do not go to trial. Settlements are far more common than lawsuit verdicts. Indeed, a report from Forbes estimates that more than 95 percent of personal injury cases that result in a payout are resolved through a settlement instead of a verdict. For victims and their families, a settlement can be a great way to resolve a case. The key is that the settlement should be full, fair, and account for your actual economic and non-economic losses. It should include compensation for things like medical bills, income loss, and your pain.
Understanding the Personal Injury Lawsuit Process
A lawsuit is not the same thing as a trial. Indeed, a personal injury claim is also not the same thing as a trial. While many claims settle out of court, it is important to understand how a lawsuit proceeds if filing becomes necessary. The process includes several stages. They each have their own legal requirements and strategic considerations. Here is an overview of key points:
- Filing the Complaint (A Lawsuit): The first formal step is filing a legal complaint in the appropriate South Carolina court. Your complaint is your lawsuit. Most often, it is filed after a demand letter is sent to the defendant/insurer and settlement negotiations. The document outlines your allegations, the basis of liability, and the damages you are seeking.
- Discovery Phase: Discovery is an important part of litigation, including personal injury trials. Once the lawsuit is underway, both parties enter discovery. It is a pre-trial process where they exchange information and evidence. Discovery may include written questions (interrogatories), requests for documents, depositions, and more.
- Motions and Hearings: During the pre-trial period, either party may file motions with the court. For example, a motion to dismiss or a motion for summary judgment may seek to resolve all or part of the case before trial. The judge will review the motions and determine whether the case should proceed.
- The Trial and The Verdict: If the case does not settle, it goes to trial. A judge or jury hears evidence, evaluates witness testimony, and decides whether the defendant is liable. If liability is established, the court then determines the appropriate amount of damages to award. Verdicts for personal injury can be appealed, but the grounds are limited.
What is a Personal Injury Trial?
A personal injury trial is civil litigation. It is a legal proceeding where a court determines whether a defendant is liable for an injury and, if so, how much compensation the injured party should receive. The injured victim (plaintiff) presents evidence and testimony to prove that the defendant’s negligence caused the harm. The defense can challenge this evidence and argue against liability or damages. An insurance company may be responsible for the defense. That will depend on the specific situation. A judge or jury reviews the facts and delivers a verdict. The decision of the court is legally binding, though it is subject to appeal.
Note: A personal injury claim in South Carolina can still be settled if a lawsuit has been filed, a trial date has been scheduled, or even if the trial has already started. Indeed, it is actually not uncommon for the parties to have a breakthrough and reach a settlement agreement deep in litigation.
The Most Common Reasons Why Personal Injury Cases Go To Trial
Why is your personal injury claim going to trial? The answer will depend on the specific situation. There is a wide range of case-specific factors that can impact the progression of the settlement process and determine whether or not litigation is required. With that being said, personal injury claims in South Carolina usually end up at trial for one or more of the following reasons:
- A Lowball Settlement Offer: A lowball settlement should not be accepted. Many personal injury cases go to trial because the defendant’s insurer offers an unreasonably low settlement. When a settlement fails to cover medical expenses, lost wages, pain and suffering, and other damages, you have the right to pursue compensation through a trial.
- A Dispute Over Liability: In South Carolina, personal injury liability is based on fault. The defendant may deny responsibility entirely or argue that the plaintiff was partially at fault. When liability is contested, a judge or jury must evaluate the evidence and determine fault. It can be a major reason why a trial is required.
- An Insurance Company that Will Not Play Fairly: Many personal injury claims are defended by big insurance companies. Sadly, insurers do not always play by the rules. You may be dealing with one that simply will not operate in good faith. Courts can hold insurers accountable. In some cases, additional compensation may even be available for bad faith.
- You Did Not Hire an Attorney: It is very difficult to get a full and fair personal injury settlement without professional legal representation. Insurance companies may take advantage of unrepresented claimants by offering far less than the claim is worth. You need a top-rated Summerville personal injury lawyer on your side.
How A Summerville, SC Personal Injury Attorney Can Help
Personal injury claims are complicated, especially so if you are facing stiff pushback from the defendant/insurance company. If your case may be headed to trial, it is imperative that you have strong, experienced legal representation. At the West Law Firm, we put victims and families first. Our firm is trial-tested, and our case results show what we can do in high-stakes claims. Following a bad accident, you need the maximum compensation. Your initial consultation with our Summerville personal injury attorney is free, confidential, and carries zero additional obligations.
Set Up a Free Consultation With Our Summerville Personal Injury Lawyer Today
At the West Law Firm, our Summerville personal injury attorney has the knowledge, skills, and experience that you rely on from top-tier representation. Have questions about trials? Our team is here to help. Call us now or contact us online for a free, no-obligation case review. We represent injured victims in Summerville, Dorchester County, and throughout the region in South Carolina.