Injured people sometimes hold off on seeking an attorney to help them recover compensation after an accident. Sometimes, they’re confused or concerned about what happens during a personal injury trial in South Carolina. The legal process can be intimidating and overwhelming when you don’t know what to expect.
A personal injury trial follows a structured series of steps, from the initial meeting with an attorney to the final verdict. Understanding the process can ease uncertainty and help you feel prepared for what’s ahead.
Before Your Case Enters the Personal Injury Trial Process
A personal injury case doesn’t start until you meet with an experienced attorney. They can help you understand your legal rights and review your options for pursuing compensation after an accident. Often, the first part of the process is filing a compensation claim with an insurance company. An attorney investigates the cause of the incident, gathers and preserves evidence, and builds a solid claim. Unfortunately, insurers sometimes fail to negotiate in good faith and can’t agree on fair compensation terms. In these cases, it may be necessary to file a personal injury lawsuit to obtain information against the insurer or an at-fault party.
When a personal injury lawsuit is the best option, an attorney can evaluate the case’s strengths and weaknesses and meet all applicable legal deadlines. South Carolina law gives accident victims three years from the accident date to file a personal injury lawsuit.
Working with an attorney as soon as possible keeps an accident victim’s options open and allows the attorney time to prepare for all possible situations.
Step-by-Step Breakdown of the Personal Injury Trial Process
Every South Carolina personal injury case is unique, although most follow a similar structure. This allows you to understand the process and learn more about the path ahead. This step-by-step breakdown of the legal process can help demystify the process:
- Discovery – Often the longest part of the process, discovery is the formal legal process for collecting evidence and information about an incident and exchanging that information between both sides. It means to give each side access to all evidence, facts, and information they can use in court. This process gives both sides a solid foundation to build their case. It also allows them to evaluate the strengths and weaknesses of their positions.
- The Court Adds the Case to the Trial Roster – A case cannot proceed without a court date. The court must add the case to the trial roster, the timing of which can vary depending on the number of cases that need to work through the court system.
- Jury Selection – A trial starts with the selection of jury members. South Carolina is unique because the state does not allow attorneys to directly question jurors to uncover potential biases or conflicts of interest. Instead, lawyers from each side can submit a list of questions to the judge for potential jurors and then listen to the answers presented.
- Opening Statements – Once jury selection ends, each side can present its opening statements. These statements outline the direction of the attorney’s case and what they intend to prove or disprove through evidence.
- Presentation of Evidence – After opening statements, the meat of the trial takes form. Each attorney can present their case, offering evidence and testimony that supports their claims. The plaintiff presents first. They may introduce witnesses, medical records, photographs, videos, and expert testimony showing how the accident occurred and who was at fault. They can also present evidence outlining the severity of a victim’s injuries and how those injuries impact that person’s quality of life. The defense presents its case next, offering its witnesses and evidence aimed at disputing liability, shifting blame, or minimizing damages.
Importance of the Personal Injury Trial Process
- Closing Arguments – Once each side has finished presenting its case and cross-examining witnesses, it gets the opportunity to summarize its case and highlight key evidence in its closing arguments.
- Jury Instructions – The judge instructs jury members on how to apply relevant law and reach a verdict.
- Deliberation – The jury is sequestered in a private room and allowed to discuss the case and present evidence. South Carolina requires a unanimous verdict in civil and criminal cases.
- Verdict – When jurors reach a decision, they are allowed back in the courtroom to read their verdict, including their opinion on liability and the damages the plaintiff should receive if the verdict favors the plaintiff.
What Happens After the Trial Ends?
After a trial ends, either party can file motions or appeals challenging the trial’s outcome based on legal errors made during the trial. When an accident victim secures compensation from a personal injury trial, a portion of the award may need to be used to settle outstanding medical or other liens before being awarded their money. Next, attorney fees get subtracted. The accident victim then receives the money they deserve.
Do All Personal Injury Cases Go to Trial?
Most personal injury cases never go to trial; instead, they settle out of court. At any point in the process, both sides may come together to negotiate and reach a settlement agreement. If both parties agree, the personal injury trial process can conclude without going any further. If the parties don’t agree, the process continues toward trial. Negotiations are common once each side takes the time to review its case’s potential strengths and weaknesses.
A South Carolina Personal Injury Lawyer Can Prepare You for Trial
At Maxey McFarland Law, our experienced personal injury lawyers in Greenville have the knowledge and resources to take your personal injury case to trial when necessary. We understand South Carolina law and how to craft a personalized and strategic case. Our team is here to give you the best opportunity to recover the money you deserve following an accident caused by a careless party.
Contact our Greenville office online or call us at (864) 900-4231 to request a free case review. Let’s discuss how we can help you pursue fair compensation for your injuries.
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