How Does a Personal Injury Lawsuit Work?

Navigating a personal injury lawsuit can be complex and overwhelming, especially for those unfamiliar with the legal process. Understanding the process can help you feel more prepared and confident in pursuing your claim. This guide, courtesy of our South Carolina personal injury law firm, provides a detailed overview of how a personal injury lawsuit works, from the initial consultation with your lawyer to the resolution of your case.

Initial steps: seeking legal assistance

The journey begins with a consultation with a personal injury lawyer. Most personal injury lawyers in South Carolina offer a free initial consultation. This meeting allows you to discuss the details of your case and determine whether you have a viable claim. During this consultation, you and the attorney can discuss the details of your case, including the severity of your injuries, the circumstances of the accident, and potential liability. The lawyer will evaluate whether you have a viable legal claim and outline the next steps.

If you choose to proceed, you will enter into a contingency fee agreement. Personal injury lawyers, including those at McGowan, Hood, Felder & Phillips, LLC, typically work on a contingency fee basis. Under this fee agreement, we only get paid if you win your case. This arrangement makes legal representation accessible to everyone, regardless of financial status. Signing the agreement outlines the terms of the representation, including the lawyer’s percentage of the settlement or judgment.

Investigation and evidence gathering

Following the initial steps, your lawyer will begin gathering evidence to support your claim. This step involves collecting all relevant documentation, such as your medical records, police reports, and photographs of the accident scene and injuries. Witness statements are also crucial, and your lawyer will interview witnesses to obtain statements that support your claim. In some instances, your attorney may enlist the support of experts like accident reconstruction specialists or medical professionals to provide additional evidence.

Assessing damages is another critical step. Your lawyer will evaluate economic damages, which include tangible losses like medical expenses, lost wages, and property damage. Non-economic damages cover intangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life. In cases of gross negligence or intentional harm, punitive damages may be an option as well. These damages punish the defendant and help to deter similar conduct in the future.

Filing the lawsuit

With the evidence gathered and the damages assessed, the next step is to file the lawsuit. Your lawyer will draft a complaint outlining your claims against the defendant and the damages you seek. The attorney will then file the complaint with the appropriate South Carolina court. This step will officially start the lawsuit. The defendant must receive formal notification of the lawsuit through a process called service of process. Usually, a process server or law enforcement officer will serve them with the papers, providing them with information on the lawsuit. The defendant then has a specific period, usually 30 days, to file a response to the complaint, called an answer. The answer may include defenses to the allegations in your complaint or counterclaims.

Discovery phase

The discovery phase is a critical part of the lawsuit, where both parties exchange information. This process includes interrogatories, which are written questions that the parties must answer under oath. Also, attorneys may file requests for production, which are requests for documents, records, and other tangible evidence relevant to the case. Depositions are another key component involving oral testimony taken under oath. Lawyers from both sides can request depositions to question witnesses, including the plaintiff and defendant. If you must sit for a deposition as the injured party, your attorney will be there with you to protect your rights.

Pre-trial motions may also be filed during this phase. For example, the defendant might file a motion to dismiss if they believe the lawsuit lacks legal merit, or either party might file a motion for summary judgment if they argue there are no material facts in dispute.

Negotiation and settlement

Settlement discussions often begin after the discovery phase. Your lawyer may send a demand letter to the defendant or their insurance company outlining your claims and the compensation sought. Both parties may engage in settlement negotiations to resolve the case without going to trial, which can involve multiple rounds of offers and counteroffers.

Mediation, a form of alternative dispute resolution, may also be required by South Carolina courts before proceeding to trial. A mediator facilitates negotiations between the parties to help reach a settlement.

Trial phase

If a settlement cannot be reached, the case proceeds to trial. Trial preparation involves developing a strategy, including deciding which evidence to present, which witnesses to call and how to argue your case effectively. Pre-trial conferences with the judge and opposing counsel are used to discuss the trial schedule and any last-minute issues.

During the trial, both sides present their opening statements, outlining their arguments and what they intend to prove. Each party then presents their evidence, including witness testimony, documents, and expert opinions. The opposing counsel has the opportunity to cross-examine witnesses. After all evidence is presented, both sides summarize their cases and make final appeals to the jury during closing arguments. The jury then deliberates and reaches a verdict, which may include a monetary award for damages.

Post-trial

After the trial, the court enters a judgment based on the jury’s verdict. Your lawyer will assist in collecting the awarded damages from the defendant or their insurance company. If either party is dissatisfied with the verdict, they may file an appeal. The appellate court will review the trial record for legal errors. The appeal process can be lengthy and involves submitting written briefs and potentially oral arguments.

If you have been injured due to someone else’s negligence in South Carolina, you do not need to navigate the complexities of a personal injury lawsuit alone. Contact the experienced legal team at McGowan, Hood, Felder & Phillips LLC today for a free consultation. We can evaluate your case, gather the necessary evidence, and fight tirelessly to secure the compensation you deserve. Let us handle the legal challenges while you focus on your recovery—reach out now to get started on the path to justice. To schedule a free consultation, call our offices or fill out our contact form today. Your consultation is always confidential.