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If you have a personal injury case, you may hear the word litigation.
Let’s talk about what litigation means and what you need to know for your personal injury case.
What Is Litigation in a Personal Injury Case?
Litigation in a personal injury case is pursuing a legal dispute through formal court proceedings. It is the entire process from filing the case and preliminary matters through trial.
A personal injury victim litigates a case when they file a formal legal claim in court. A case is in litigation when there is a legal action pending.
Do All Personal Injury Cases Involve Litigation?
No. When a personal injury first occurs, litigation hasn’t started yet. The victim may have a valid claim, but it’s up to them to start it.
Sometimes, the parties completely resolve a matter without the plaintiff formally filing a court case. The parties may investigate; if there is no significant dispute about the case value, they may agree to an amount for the case without litigation. When there is insurance, such as for auto or property, and the issues in the case are straightforward, a settlement may be reached this way.
Lawyers are still often involved – and necessary – when a personal injury case reaches a settlement without litigation. Even if a case isn’t formally filed in court, there are important things to do to reach a good result for the victim. The case must be investigated, and evidence must be gathered. An experienced attorney can ensure that you don’t leave out key steps.
When a resolution can’t be reached through informal case development and settlement negotiations, it is up to the victim to file the case; they must start litigation.
The South Carolina Personal Injury Litigation Process
The South Carolina personal injury litigation process begins with the victim, or plaintiff, filing a summons and complaint. The complaint briefly summarizes the facts and the legal basis for the claim; the complaint demands relief, or monetary compensation. The plaintiff serves the defense with a copy of the complaint, and the defense can file a response.
In injury litigation, the parties proceed to discovery. There are legal procedures the parties can utilize, like written interrogatories, depositions, and requests for production of documents. During this time, the court will schedule preliminary hearings to discuss the case and the potential timeline.
The court may hear preliminary motions regarding the presentation of evidence or summary disposition. They will likely require the parties to engage in mediation, however, the parties may also engage in informal settlement negotiations.
All of these tasks are part of litigation. Litigation is the entire process of the legal proceedings – not just when the case goes to trial. The trial itself is a much shorter period of time than the weeks and months a case spends in litigation before trial.
Even for cases that enter litigation, most still resolve without trial. The purpose of litigation is for the parties to resolve their legal dispute, whether it is by trial or by settlement. In the litigation process for personal injury, the parties can learn about the case. By exploring the evidence and building their respective cases, the parties narrow the issues in dispute. Even though it is an adversarial process, it can help the parties work constructively towards an agreement.
When is Litigation Necessary in a Personal Injury Case?
Litigation is necessary in a personal injury case when the victim is not able to secure a fair settlement through insurance negotiations and informal case discussions with the other party. Litigation is formal, and it calls the defense to court. When the defendant will not voluntarily discuss the case and offer to pay a fair settlement, litigation is necessary. It is the only way for the plaintiff to receive the compensation they deserve if the plaintiff is not willing to pay the appropriate compensation according to the law.
Do You Need an Attorney to Secure Financial Recovery?
Whether you need an attorney to secure financial recovery depends on the case. Sometimes, having an attorney is necessary to achieve any compensation at all. Other times, having an attorney is necessary to get what the case is truly worth. The defense may offer too little if you don’t have an attorney and they don’t think you’re serious about going to trial.
Your attorney can help you understand what the case is worth and negotiate your compensation.
When a case goes to litigation, it’s likely necessary to have an attorney. The legal process is complex, and the insurance companies typically have teams of defense attorneys to fight litigation. Having a lawyer ensures you take the right steps not only to bring your case but to pursue it fully. Your attorney can handle pre-trial litigation, court appearances, and taking your case before a jury, if appropriate.
Litigation Attorneys Serving South Carolina
At Shealey Law Firm, we are litigation attorneys serving South Carolina. We represent personal injury victims in litigation.
We are experienced trial lawyers, and ready to pursue your case. We can handle even the toughest litigation. Call or message us now to discuss your case.