Filing a personal injury lawsuit can bring you closer to securing the compensation you need to recover physically, psychologically, and financially after an accident. If you were hurt by someone else’s actions — such as a slip and fall, car crash, or defective product — you may be able to sue to receive damages. If you win your claim, you may be eligible for money to reimburse you for your lost wages, repair costs, medical bills, and pain and suffering.
The Greenville personal injury lawyers at Dan Pruitt Injury Law Firm devote considerable time and resources to helping victims recover compensation after someone else’s wrongdoing uproots their lives. We can investigate your claim, gather valuable evidence, estimate your settlement award, and file legal documents on your behalf. We also have extensive experience going to trial and negotiating settlements for injury victims.
Initial Steps: Filing Your Claim and Gathering Evidence
The first steps in filing South Carolina personal injury lawsuits are to gather evidence and prepare a legal complaint. You may need proof that describes what caused the incident, what happened during the accident, and what occurred afterward.
For example, a car wreck victim might need police reports, photographs of the accident scene, hospital records, and repair bills.
In the legal complaint, you would need to tell the court about you, the accident, what you think caused it, and the damages you experienced. Some courts have a standard form you can use online, which you can fill out by yourself or ask an attorney to help you. Under South Carolina law, you have to bring your personal injury claim within a specific amount of time, which is called the statute of limitations. The amount of time you have depends on things like the type of claim you are bringing and who you believe is at fault — e.g., the government, a business, or an individual.
What Information Will Be Exchanged?
After you file a personal injury lawsuit, you and the other side will conduct discovery. During this stage of the case, you and the other side exchange information that you hope to use in the case. For example, these might be materials you would like to use to prove your argument or disprove the other person’s legal theories. Each side can request a range of information related to the case, including documents, photographs, recordings, financial statements, business records, and witness testimony.
You can request these materials in several different ways. For example, you can send interrogatories or requests to produce information to the person or agency who is at fault for what occurred. Another way is to send out subpoenas to request documents or other information from people or businesses who may have relevant details but are not being sued.
You can also use this process to ask people to be witnesses in your trial.
Understanding Mediation and Settlement Options
If you do not want to go to trial, you can try to resolve your personal injury case in a couple of different ways. One way is to go to mediation and try to settle the case outside of court with the help of a neutral mediator. A mediator gives you and the other side an opportunity to try to work through the dispute in a structured setting without going to court.
Another way to resolve the case is to settle the case without going to court. In this process, you and the at-fault person or business would exchange settlement proposals to negotiate a resolution. You would each use evidence uncovered during the discovery process to back up your offer. If you cannot settle the case, you can press the case to a formal trial.
How Long Does a Personal Injury Lawsuit Typically Take?
Personal injury cases may take weeks, months, or a year or more to settle. It depends on the complexity of the case, the availability of witnesses, and the willingness of each side to work together. Additionally, how quickly each side can gather evidence — including any administrative delays that arise with this process — can impact the time it takes for the case to conclude.
What Happens During the Trial?
During the trial, each side presents their legal arguments and evidence. For example, they may call witnesses to the stand, question them, and give persuasive arguments to the judge or jury.
Additionally, they may answer clarification questions that the judge has, file motions, and object to questions or actions made by the other side.
The Role of Witnesses and Experts in Building Your Case
Witnesses and experts can be powerful sources of evidence you can use to support your case.
Experts can provide professional opinions to back up the arguments you are making — such as a claim that your doctor made a mistake during a surgery. Or, you can have an expert testify that they believe the other side’s expert’s opinion is incorrect or based on outdated information.
Witnesses are also valuable sources because they can provide in-person testimony about what they saw or believe happened. For example, a bystander who saw the collision happen can talk about seeing the drunk driver swerve in and out of their lane before rear-ending you.
Contact Dan Pruitt Injury Law Firm for Legal Assistance
Filing a personal injury lawsuit can empower you to tell your story and stop unfair or unjust practices from occurring. Should you win your claim, you can secure the fair financial award you deserve under the law. Partnering with a seasoned personal injury lawyer may be beneficial so you can entrust them with complex legal matters while you focus on the other areas of your life that demand your attention.
For years, Dan Pruitt Injury Law Firm has advocated for victims of dog bites, truck accidents, drunk driving collisions, slip and falls, surgical mistakes, and other incidents involving negligence. We take a personalized and practical approach to creating solutions that align with our client’s goals and best interests. If you were harmed by someone else’s action, contact us by calling (864) 721-6885 to schedule a consultation to discuss your legal concerns and how we can help.