Understanding the Process of a Personal Injury Claim in South Carolina

Case Investigation

Once you’ve hired legal representation, your attorney will begin investigating the accident. Your attorney will gather your medical records and begin collecting other evidence to support your claim, such as photos of the scene, property damage, and your injuries, they will request your receipts for treatment, and your first-hand account of how your life has been changed by the collision.

During this process, your attorney will investigate the details of the incident to understand how the injury occurred, the severity of your injuries, and the associated damages and costs. This includes contacting the at-fault party’s insurance company and their legal counsel if they’ve hired one. While your attorney manages these tasks behind the scenes, your primary focus should be on following your treatment plan and keeping your lawyer updated on your progress. Your goal during this time is to heal and work towards regaining your pre-accident health while your attorney handles the legal investigation.

Related Information

• The role of private investigators in Personal Injury law
• How Is Loss of Earning Potential Calculated in a Personal Injury Claim?

Demand Letter

As your case proceeds, your lawyer will begin by drafting a demand letter to the at-fault insurance company. The demand letter summarizes the facts of your accident, your allegations against the at-fault party, the legal basis for your claim, and, most importantly, a demand for just compensation for your injuries and losses. This letter is typically not submitted until you’ve reached maximum medical improvement (MMI) and the full extent of your injury-related costs can be accurately calculated.  The defendant will then respond within a reasonable time period (the time period depends greatly on the complexity of the case), the response may admit or deny the allegations, and/or accompany an offer of settlement.
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Discovery

Discovery is the stage where both sides seek information relevant to the case. This process involves exchanging written questions (interrogatories), document requests, and admissions of fact.

It can also include taking oral depositions from the parties and other witnesses. Depositions are conducted under oath, which means that all parties are sworn to give truthful testimony under penalty of perjury. Deposition testimony may also be introduced at trial to challenge the credibility of a party or witness who might have changed their story.

Another element of discovery is the introduction of expert witnesses. Many times, the testimony of the parties and eyewitnesses alone is insufficient to establish (or disprove) liability. For instance, in a medical malpractice case, the plaintiff will produce one or more experts to explain how the defendant’s actions departed from the accepted standard of care. Even in a car accident lawsuit, a technical expert can help reconstruct the events leading up to the accident.

During discovery, either party may ask the judge to grant summary judgment in its favor. A motion for summary judgment means that there is no genuine factual or legal dispute for a jury to resolve. The judge considers a summary judgment motion by looking at the available facts in the light most favorable to the non-moving party. In other words, if the defendant moves for summary judgment, the judge will only grant the motion if, looking at the facts in the light most favorable to the plaintiff, there is no question that the defendant is entitled to prevail as a matter of law.

What To Expect in the Discovery Phase of a Lawsuit?

 
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Mediation or Arbitration

Every case that is filed in South Carolina must go through mediation—an alternative dispute resolution method that brings both sides, their attorneys, and a neutral third party together. The mediator, an individual with legal expertise, serves as a neutral intermediary, facilitating negotiations between the parties. In private sessions, the mediator can offer insight into the advantages and disadvantages of reaching a settlement. Mediation provides an opportunity to resolve the dispute outside of court, avoiding the formalities and unpredictability of a jury trial.  Mediation normally takes place at the end of discovery.

Arbitration for Personal Injury Cases

Trial

Once discovery is completed—and assuming the judge does not grant summary judgment to either side—the case can finally proceed to trial. Both the South Carolina and U.S. constitutions guarantee the right to demand a trial by jury. However, the parties can also agree to allow the judge to try the case without a jury. In the case of a jury trial, the attorneys for both sides will question potential jurors in a process known as voir dire. This process ensures that the jurors are impartial—that is, they do not have any advanced information about the case and are not biased for or against either party.

Whether the case is tried before a jury or a judge alone, the trial proceeds in a similar manner. Anyone who has ever watched a courtroom drama on television knows how this works: the attorneys for each side make opening statements, witnesses are called and questioned, and exhibits are introduced. Following closing statements, the judge or jury will render a verdict.

Related Information:

• How Often Do Car Accident Cases Go to Trial?
• Factors That Can Impact the Length of a Personal Injury Lawsuit
• Am I Required to Testify if I File a Personal Injury Claim?

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Appeal

After a verdict, the losing side may appeal the decision. The appeals process starts with motions before the trial judge, possibly asking to overturn the verdict or for a new trial. If unsuccessful, the losing party can seek review from an appellate court. Appeals focus on legal errors made during the trial rather than re-examining evidence. The appellate process involves filing written briefs and can extend for over a year. Final appellate review may go to higher courts, such as the South Carolina Supreme Court, but once exhausted, the case concludes unless further trial court proceedings are ordered.

Learn more about the Appeals Process