Available 24/7
Our experienced Columbia personal injury lawyers at Shealey Law Firm explain whether you can expect a personal injury trial in your case.
Most personal injury cases don’t go to trial. According to the U.S. Department of Justice Bureau of Justice Statistics, only about 3% of personal injury claims go to trial.
So why do those three percent make it to opening statements? Let’s discuss what makes a personal injury case more likely to go to trial.
Why Do Personal Injury Cases Go to Trial?
Personal injury cases may go to trial for a variety of reasons:
- Factual questions. There are reasonable disputes about what happened, and the jury needs to decide the facts.
- Legal questions. There are legal issues or questions of interpretation of the law that significantly impact the outcome of the case.
- Shared fault. There are questions of comparative fault that significantly impact the compensation amount.
- Catastrophic injury. Claims for catastrophic injury may be more likely to go to trial because of the large amount sought in the case.
- Lack of insurance. If the defendant will be liable to pay compensation from personal assets, they may be less willing to take their case to trial.
- Insurance company tactics. The insurance company may be unwilling to make a fair settlement offer as a tactic, hoping the victim will give up.
- Day in court. Either side may simply want their day in court.
The legal process requires the parties to openly disclose exhibits and witnesses. It also facilitates alternative dispute resolution. Most of the time, this structure helps the parties reach a settlement before trial, even though the defendant rarely wants to pay compensation. But when there are reasonable disputes and issues, a case is more likely to go to trial.
What Happens During a Personal Injury Trial in South Carolina?
During a personal injury trial, the following takes place:
- Choosing the jury. There is a process to select a jury that can be fair and impartial.
- Plaintiff’s case. The plaintiff presents their case. They present evidence and argue why they deserve compensation.
- Defendant’s response. The defense responds to the plaintiff’s case. They may question the plaintiff’s case, present their own case, and make arguments to the jury.
- Judge oversight. The judge directs the trial proceedings. They rule on objections and the admissibility of evidence.
- Jury instructions. After the jury hears the case, the judge gives them instructions for how to reach a verdict.
- Jury verdict. The jury deliberates on its verdict. The court publishes the verdict.
- Post-verdict proceedings. There may be post-verdict matters, including an appeal.
All personal injury trials follow a similar process, but there are differences across local courts and in individual cases.
How Long Does a Personal Injury Trial Take?
The length of a personal injury trial depends on its complexity. Early in the case, the court will ask the parties how much time they expect to need for the trial. An experienced attorney can give an informed answer. The court uses this information to schedule the trial.
An entire personal injury case, from the initial filing through trial, typically takes 12 to 18 months. Of course, the vast majority settle before trial. The trial itself may take anywhere from one day to several weeks. Your attorney can give you an estimate for your case.
Can My Case Still Settle Before or During Trial?
Yes, a case can settle right before or during trial. Sometimes, a case even settles while it is being appealed. It’s important to aggressively pursue your case until it’s resolved.
Should You Be Worried If Your Case Is Going to Trial?
No, you shouldn’t be worried if your case goes to trial, but you should be prepared. You should go through the entire process, assuming that your case may go to trial. When you have a lawyer, they prepare you for your role in the case, including what to expect if you testify, plus what to expect in the court process.
What To Do If Your Personal Injury Case Is Heading to Trial
If your personal injury case is heading to trial, you should:
- Know the date. Make sure you know the date, time, and location of the trial.
- Plan extra time. As you clear your schedule for trial, leave several days open after the trial before making plans. That way, you won’t have a problem if the trial runs long.
- Prepare with your lawyer. Be available to your lawyer to answer questions, finalize evidence, and make sure everything is ready.
- Prepare your testimony. Prepare for your role in the trial with your attorney.
- Ask questions. Ask your attorney any questions you have about your case going to trial.
- Learn the process. Learn the basics of the legal process, such as jury selection, opening statements, and presentation of evidence.
- Stay off social media. Things that you post online before and even during the trial could become issues in the case. Don’t post on social media.
At Shealey Law Firm, we’re trial-ready lawyers. If you’re wondering if your personal injury case will go to trial and you’re looking for experienced legal representation, call or message us now.