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Litigation in a Columbia personal injury case means the formal court process. It is taking the case to the court system, officially, rather than negotiating a settlement without filing a case.
Personal Injury Litigation vs. Settlement: What’s the Difference?
Personal injury litigation is the formal process of resolving a legal dispute. When a case is in litigation, it means the following:
- The plaintiff has formally filed the case in court. There is a case number, and the court is managing the legal proceedings.
- The parties have not yet reached an agreement to resolve the case.
- Unless the parties resolve, the court will resolve the case, which often means a trial.
A personal injury claim can be settled before or after litigation begins. Even after the plaintiff files a lawsuit, settlement talks can continue. Only a small percentage of claims filed in court actually go to trial.
When Do Personal Injury Cases Go Into Litigation?
A personal injury case goes into litigation when there’s no negotiated case resolution, and there is a reasonable basis for the claim. The plaintiff chooses when to file their case and must file before the end of the statute of limitations.
There are several reasons why a personal injury case may be likely to go into litigation. For example, reasonable disputes about liability can increase the likelihood of litigation. There may be questions of shared fault among multiple defendants. There may not be sufficient insurance to pay compensation. Sometimes, an insurance company may act in bad faith even when liability is clear.
An attorney can assist you by providing counsel about when it’s time to take a personal injury claim to litigation.
The Stages of a Personal Injury Lawsuit in Columbia
There is some variation in how a personal injury lawsuit may unfold. Some of these steps may not happen or may happen in a different order.
- The plaintiff files the case in court by filing a summons and complaint and paying the filing fee.
- The plaintiff serves the defendant with the paperwork.
- The defendant responds to the complaint. If they don’t respond, the plaintiff may win the case by default.
- Discovery begins. Each party can build its case.
- Preliminary motions are made. Each party can motion the court to resolve preliminary issues.
- The parties may engage in mediation, arbitration, or court-facilitated conferences.
- Trial may occur. A judge or jury decides what the personal injury claim is worth.
- Post-trial matters are addressed. After the trial, there may be proceedings relating to the judgment or appeals.
A case can settle at any time—before the defense files a response, in discovery, before trial, right before a jury verdict, or even when a case is on appeal. After discovery, when the case is moving towards trial, it is a common time for a personal injury claim in litigation to settle.
The South Carolina Rules of Civil Procedure
Personal injury courts in South Carolina use a uniform set of rules, called the South Carolina Rules of Civil Procedure, for the litigation process. The rules cover topics like discovery, court motions, summary disposition, and filing and serving documents. Judges must make decisions, and they have discretion to manage their courtrooms. However, judges must adhere to the procedural rules governing personal injury litigation.
There are also Rules of Evidence for a trial.
When is the best time to start litigation in a personal injury claim?
Sometimes, it’s best to start litigation without notice to the defendant, while in others, it’s best to negotiate before proceeding to a lawsuit.
When evaluating a case, there are several factors to consider, and each case is different. If liability is relatively clear and if there is an insurance policy to cover compensation, it may be appropriate to negotiate first. In such instances, a litigation attorney can create a personalized case plan.
The Insurance Company Won’t Make an Offer. Should I File a Lawsuit?
Filing a lawsuit may help you secure fair compensation. Here’s why:
Discovery
Filing your claim in court allows you to conduct discovery. Depositions, interrogatories, requests for admission, and subpoenas can yield evidence that may not be available to you otherwise. Evidence can narrow the issues in dispute.
The defense knows you’re serious
Filing your case in court tells the defense that the case isn’t going away.
The court timeline
Once you file the case, the court controls the timeline. The defense must get involved or lose by default.
How a Columbia Personal Injury Lawyer Navigates Litigation
A Columbia personal injury lawyer:
- Evaluates when to continue negotiations and when to file the lawsuit.
- Understands evidence and how to build it.
- Knows the pros and cons of going to trial.
- Is aware of how long personal injury litigation takes.
- Navigates preliminary court proceedings.
- Presents the case at trial.
- Answers your questions and provides legal counsel.
Our experienced Columbia personal injury attorneys are trained and experienced personal injury litigators. We represent clients in compensation claims, both before and during litigation.
Talk to a Lawyer
Our personal injury attorneys at Shealey Law Firm can represent you in preliminary settlement negotiations and in formal litigation. Contact us to discuss what litigation might mean in your Columbia personal injury case. Get help from a lawyer today.