Many people, not only in the Rock Hill community, but across the country, are hesitant to pursue a personal injury action even if they are entitled to compensation under South Carolina law. Understandably, going through litigation is not at the top of anyone’s bucket list. Making things even more difficult is the fact that injured people are busy healing and may not have the time or energy to pursue a claim on their own. It can be a tremendous headache trying to deal with your injuries, loss of income, and property damage, much less file a claim for the compensation you are due. That is where a personal injury settlement may be ideal for you. Though you have the option of a settlement, it is important to know that if you decide to file a personal injury complaint, your attorney will take on the majority of the burden associated with a traditional trial.
Elrod Pope Law Firm of Rock Hill, South Carolina, has a great deal of experience in personal injury litigation. Their attorneys know what you’re going through and are ready, willing, and able to make the litigation process as easy on you as possible.
Thankfully, there is an excellent chance that you won’t even have to go down this road. Actually, it is more likely than not that your case will settle prior to trial, or possibly even before filing a lawsuit.
What is a Personal Injury Settlement?
From a practical standpoint, this means that there is only a 5% percent chance that you will find yourself going to trial. This is because the vast majority of cases settle outside of court at some point during the process. If you have a legitimate personal injury claim, the odds are that your attorney will be able to negotiate a settlement with the insurance adjuster or opposing counsel. In other words, do not let anxiety about going to trial prevent you from speaking to a skill personal injury attorney. It is important to be sure that you are compensated for the injuries you have sustained through no fault of your own. A lawyer can help you do just that. Through a settlement, your legal representative may be able to negotiate compensation for the full extent of your medical expenses or lost wages.
Why Do Most Personal Injury Cases Settle?
Trials are an expensive and lengthy process that can last for years at a time. They also pose a great deal of risk to each side of the issue; for the defense, of having a huge verdict rendered against them; for the plaintiff, of walking away with less than you were offered or even nothing at all. At the end of the day, it is generally in both parties’ best interest to settle the case.
The Allure of a Settlement Made Simple
The preference for settlement is simple when you really think about it. A settlement is the preferred avenue of resolution for the following reasons:
As alluded to above, litigation is expensive. Examples of costs and fees include filing fees, court costs, deposition and other witness fees, expert fees and expenses, and miscellaneous costs such as obtaining medical records.
In most South Carolina counties, a case will take a minimum of one year to go to trial, or often even longer. This is valuable time when you could be using your settlement to pay off bills or putting the stress of your claim behind you. Even if your injuries are so severe that you will never be the same, there is still value in getting closure for your claim.
The Risk of Letting a Jury Choose
In the litigation process, both sides will have lawyers who can provide good estimates on what a case is worth and what it should settle for. These are legal representatives who have spent their careers working on these types of cases in the Rock Hill area. Jurors, however, do not have this same experience or legal training, which means that they can sometimes see a case very differently than a lawyer does. This means that juries occasionally return highly unexpected verdicts—sometimes much higher than the lawyers expect, but sometimes much lower. You therefore have an interest in settling your case to avoid that unpredictability.
Mental and Emotional Impact
Having to relive your accident and tell it to twelve strangers at trial is an emotionally draining experience. While your lawyer will be there to help you through the process as best he can, it is still a difficult one, and something many people wish to avoid.
Why Do Some Personal Injury Claims Go to Trial?
There are some cases where reasonable minds will differ. Even trained legal representatives can ultimately disagree on liability, as well as the nature, extent, and value of a plaintiff’s damages. For those cases that fall in that gray area, going to trial may be necessary. No matter where your case falls on this legal spectrum, Elrod Pope Law Firm is happy to give you the advice and support you need to resolve your claim at a fair value. Contact us today to take the first step to seeking the personal injury compensation you deserve.
Thomas E. Pope is a Personal Injury, Wrongful Death, and Medical Malpractice Attorney who practices in Rock Hill, Lake Wylie, and Lancaster, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 31 years now. Thomas E. Pope believes in protecting the injured. Learn more about his experience here.