If you decide to pursue a personal injury case in Rock Hill, SC, you may be wondering if your case will proceed to trial. Most personal injury cases are resolved before trial, and some are even resolved without the need to file a lawsuit. Whether your case goes to trial depends on the specific circumstances of your case and, ultimately, your preference. The decision to go to trial is always yours.
It’s important to know why cases may or may not proceed to trial, understand the costs and benefits of going to trial, and hire an attorney adept at negotiation and trial advocacy.
Reasons Your South Carolina Personal Injury Case May Settle Before Trial
A personal injury case may settle before trial for several reasons, including cost, uncertainty, and time.
Cost
Trials are costly. The insurance company will need to pay its lawyers to work on a trial, and the personal injury plaintiff may pay their attorney a higher rate if the case goes to trial. If expert witnesses are hired, they charge a fee to testify.
Ultimately, the parties may decide that a trial is too expensive and that settling is the best option.
Uncertainty
When the evidence is uncertain, such that a jury could decide either way, the parties may determine a trial is too risky. There’s always a risk when taking a case to a jury, but if the risk is too high, a party may decide to settle so they are guaranteed a reasonable settlement amount.
Time
If you’ve been injured in a personal injury accident, you may be juggling unexpected costs and reduced wages. Trials can take a long time to prepare for and schedule, so you’ll be more motivated to settle if you need money quickly.
Common Reasons Your South Carolina Personal Injury Case May Go to Trial
Likewise, your case may go to trial for many reasons, including liability disputes, damages disputes, contributory negligence claims, evidentiary issues, and complexity.
Liability Disputes
If the alleged at-fault party denies fault or the parties dispute how the accident occurred, they may want to take the case to trial, where a jury will decide the issue.
Damages Disputes
If there are disputes over the extent of your injuries, expenses, medical costs, and other economic or non-economic damages, the parties may want to proceed to trial.
Contributory Negligence
If the at-fault party claims the plaintiff was to blame for the accident, the parties may be unable to settle.
Complexity
Other circumstances may make a case complex, such as the extent of the injuries or the circumstances underlying the accident. If a party thinks they have a good chance of succeeding at trial with a complex case, it may be worth proceeding to trial.
What Happens During a Personal Injury Trial in South Carolina?
At a personal injury trial, both parties will present evidence, and a jury will determine who was at fault and the value of the damages caused.
Here is the general flow of a trial:
- Jury selection: The parties will choose the members of a jury. It’s a random selection process, but each party may ask to strike a certain number of jurors.
- Opening statements: Both parties make a statement to the jury.
- Presentation of evidence: The parties present evidence through witness testimony, expert witness testimony, photographs, reports, and other means.
- Cross-examination: When one party presents evidence, the opposing party can cross-examine it and point out flaws, gaps, or inconsistencies.
- Closing Statements: The parties make final arguments to the jury, highlighting their version of the events in light of the presented evidence.
- Jury deliberations: The jury meets privately to discuss and deliberate on the evidence. Most of the jury must agree on a decision for the plaintiff to receive compensation. Once the jury decides, the verdict is delivered in court for the parties to hear.
How Can An Experienced Rock Hill Personal Injury Lawyer Help If Your Case Proceeds To Trial?
Trials require months or more to gather evidence, build a case, and prepare for court. They also need an understanding of court and evidentiary rules.
An experienced trial lawyer will:
- Gather evidence on how the accident occurred and what injuries you sustained
- Hire expert witnesses to prepare reports and testify on your behalf in court.
- Research the relevant law and making relevant legal arguments in your favor.
- Prepare you for trial, including telling you what to expect and preparing you to testify and handle cross-examination.
Preparing for a trial requires many steps, as you can see. Hiring a knowledgeable attorney will make the process easier for you.
Contact An Experienced Rock Hill Personal Injury Lawyer
While most personal injury cases end in a settlement, it’s essential to understand a trial’s potential costs and benefits to decide if that’s the right path for you.
Our experienced Rock Hill personal injury attorneys have the breadth of experience to fight for a fair settlement or take your case to trial. Contact Elrod Pope Accident & Injury Attorneys to schedule a free consultation with a member of our team.
Do you believe you have a personal injury case? If you or a loved one have suffered serious injuries, Elrod Pope Accident & Injury Attorneys is here to help. Contact our law office at 803-324-7574 for a free case review with a Rock Hill personal injury lawyer. We will review your legal options and what we can do for you.
