Should You Settle Your South Carolina Personal Injury Case Or Go To Trial?
After suffering serious injuries due to another party’s negligence in South Carolina, you can file a personal injury case and recover compensation. In South Carolina, you can settle your personal injury case outside court or take your case to court. Often, personal injury cases settle out of court. Many personal injury cases never make it to trial.
But just because most personal injury cases settle outside court, does it mean you should settle your case instead of going to trial? If your personal injury attorney can get you a fair settlement through negotiations, you might not need to go to court. On the other hand, if the insurance company refuses to give you a fair settlement offer, you might have no other option but to proceed to trial.
Settling Your South Carolina Personal Injury Case Outside of Court
A settlement is a formal resolution of a personal injury case before the case proceeds to trial. A settlement can be reached before a lawsuit is filed or after a lawsuit is filed but before a verdict is reached. You may even be able to settle a personal injury case a day before the trial or on the trial day. Many personal injury cases are settled before a lawsuit is filed.
The process of settling a personal injury case is the same in many cases. Usually, the first step in settling a personal injury case is sending a demand letter to the defendant, the defendant’s attorney, or the defendant’s insurance company. A demand letter contains, among other things, the amount of damages a plaintiff is seeking and legal justification supporting the demand. After the demand letter is submitted, the parties then begin working on the negotiations.
There are several benefits and drawbacks to settling a personal injury case. The following are some benefits of settling a personal injury case;
- Settling is usually faster
- Settling offers you more control
- Settling offers you a guaranteed outcome
- Settlements are confidential
- If a trial is avoided, attorney fees are significantly reduced
Taking Your South Carolina Personal Injury Case to Court
When a South Carolina personal injury case goes to trial, the parties argue their cases before a judge or jury. If your case proceeds to trial, it is up to the judge or jury to decide whether the defendant should be held responsible for your injuries and damages and made to compensate you. If your South Carolina personal injury case goes to trial, it is up to the jury or judge to decide how much compensation you receive.
A court trial usually proceeds in the following format;
- Assembling the jury
- Making opening remarks
- Witness testimonies
- Cross-examination
- Closing statements or arguments
- Instructions to the jury
- Deliberation
- Verdict
There are several benefits of taking your SC personal injury case to trial. The following are some benefits of going to trial for an SC personal injury case;
- Trials often result in a larger payout.
- Winning a trial gives other victims a better sense of justice.
Contact a Charleston Personal Injury Attorney
If you suffered injuries in a South Carolina accident due to another party’s negligence, contact our Charleston personal injury lawyer at the Gus Anastopoulo Law Firm for legal help.
Source:
law.cornell.edu/wex/demand_letter
