What Are the Steps in a Personal Injury Lawsuit?

Each step in a personal injury lawsuit serves a specific purpose designed to ensure a fair process for everyone involved. From gathering the initial evidence to the final resolution, a clear legal strategy is essential. Knowing what to expect can empower you to make informed decisions as you seek accountability and the compensation you need to move forward.

An experienced personal injury lawyer can provide the clarity and guidance you need during this time. If you have been injured in the Charleston area, contact our team for a free and confidential discussion about your legal options.

Key Takeaways about the Steps in a Personal Injury Lawsuit

• A personal injury lawsuit formally begins by filing a Summons and Complaint with the court, which outlines the claims against the responsible party.
• The “discovery” phase is often the longest part of a lawsuit, involving the formal exchange of evidence, witness testimony, and documents between both sides.
• Most personal injury cases are resolved through a negotiated settlement before ever reaching a trial, often with the help of a neutral mediator.
• If a case does go to trial, a lawyer will present evidence and arguments to a judge or jury, who then determines the outcome and any compensation to be awarded.
• The entire process is governed by legal timelines, such as the statute of limitations, which sets a deadline for when a lawsuit must be filed.

Building Your Case: The Investigation and Evidence Gathering Phase

Once you decide to move forward, your legal team begins a thorough investigation into the accident. This is a critical phase where they work to build a strong foundation for your claim. The goal is to gather all the facts and evidence needed to prove who was at fault and to demonstrate the full extent of your injuries and losses. This process is detailed and methodical, ensuring every important piece of information is uncovered.

The evidence collected can take many forms, each playing a vital role in telling the complete story of what happened. Your attorney will work to secure items such as:

• Official Reports: This includes police reports for a car accident or an incident report for a slip and fall on someone’s property.
• Medical Documentation: All records related to your injuries, from the initial emergency room visit to ongoing physical therapy, are gathered to show the nature and severity of your condition.
• Visual Evidence: Photographs and videos of the accident scene, your injuries, and any property damage are powerful tools for showing the impact of the incident.
• Witness Accounts: Statements from anyone who saw the accident can provide an objective perspective and corroborate your version of events.
• Financial Records: Documents like pay stubs and employment records are used to calculate any wages you have lost due to being unable to work.

Gathering this comprehensive collection of evidence is essential for establishing the other party’s responsibility and justifying the compensation you are seeking.

It’s also important to understand that South Carolina has a legal deadline for filing personal injury claims, known as the statute of limitations. In South Carolina, you generally have three years from the date of the injury to file a lawsuit. This makes it crucial to start the process promptly so your legal team has ample time to investigate and build your case before this deadline expires.

Making it Official: Filing the Personal Injury Lawsuit

Before a lawsuit is ever filed, your attorney will typically try to negotiate a fair settlement directly with the at-fault party’s insurance company. This starts with a “demand letter,” a formal document that lays out the facts of the case, details your injuries and damages, and demands a specific amount of compensation. The insurance company will review the letter and respond, which can lead to a period of back-and-forth negotiations.

If these initial negotiations do not result in a fair settlement offer, it may be time to take the next step and formally file a lawsuit. This moves your claim from an informal insurance dispute into the court system. This is a significant step that shows the insurance company you are serious about pursuing the compensation you deserve. The process begins with your attorney drafting and filing two key legal documents:

• The Complaint: This is the official document that starts the lawsuit. It identifies who you are suing (the defendant), explains the facts of your case, establishes the legal basis for your claim (such as negligence), and states the damages you are seeking.
• The Summons: This document is served on the defendant along with the Complaint. It formally notifies them that they have been sued and informs them that they have a specific amount of time to file a response with the court.

Once the defendant receives these documents, their attorney will file a response, typically called an “Answer.” The Answer addresses the claims made in your Complaint, and with that, the lawsuit is officially underway.

The Discovery Process: What Happens Before Trial?

After the initial court filings, your case enters the discovery phase. This is the formal, pre-trial procedure where both sides have the opportunity to request and obtain evidence from the other party. The main purpose of discovery is to allow both your attorney and the defendant’s attorney to understand all the facts of the case, which prevents surprises at trial and helps each side evaluate the strengths and weaknesses of their position. This is often the longest phase of a personal injury lawsuit, sometimes lasting for many months or even longer in complex cases.

Key Components of the Discovery Phase

During discovery, lawyers use several legal tools to exchange information. Each tool is designed to uncover specific types of evidence, from written statements to physical documents. These include:

• Interrogatories: These are written questions sent by one party to the other. The receiving party must provide written answers under oath. For example, your attorney might ask the defendant to list all of their insurance policies, while their attorney might ask you to list all the medical providers you have seen for your injuries.
• Requests for Production: This is a formal request for documents, videos, or other tangible evidence. Your lawyer could request a copy of a store’s maintenance logs after a slip and fall, or the defendant’s cell phone records from the time of a car crash.
• Depositions: A deposition is an in-person or virtual interview where a witness, including you or the defendant, answers questions under oath. The questions are asked by the opposing attorney, and a court reporter transcribes the entire session. This testimony can be used as evidence later in the case.
• Requests for Admission: These are written statements that one party asks the other to either admit or deny. For example, your attorney may ask the defendant to admit they were driving over the speed limit. This helps to narrow down the undisputed facts of the case.

The information gathered during the discovery phase is crucial for building your case and is often what leads to productive settlement negotiations.

Reaching a Resolution: Mediation and Settlement Negotiations

The vast majority of personal injury cases are resolved without ever setting foot in a courtroom for a trial. Throughout the lawsuit process, and especially after the discovery phase, your attorney will continue to negotiate with the defense to reach a settlement. A settlement is a formal agreement that resolves the case, where the defendant’s insurance company agrees to pay you an agreed-upon amount of money in exchange for you dropping the lawsuit.

Often, these negotiations are facilitated through a process called mediation. In mediation, both parties and their lawyers meet with a neutral third party, called a mediator. The mediator’s job is not to decide who is right or wrong but to help the two sides communicate and find common ground. They will often go back and forth between the parties in separate rooms, discussing the strengths and weaknesses of the case and trying to guide them toward a compromise. Mediation is non-binding, meaning you don’t have to accept any offer, but it is a highly effective tool for resolving disputes fairly and efficiently.

Your attorney’s role during these negotiations is to advocate strongly on your behalf, using the evidence gathered to argue for a settlement that fully and fairly compensates you for all your losses. This includes not just your medical bills and lost wages, but also the pain, suffering, and impact the injury has had on your life.

When a Settlement Isn’t Possible: The Personal Injury Trial

If a fair settlement cannot be reached through negotiations or mediation, the final step is to take the case to trial. While this is less common, having a legal team prepared to present your case to a judge and jury is essential. A trial is a structured process where both sides have the opportunity to present their evidence, question witnesses, and make arguments in a formal court setting.

The trial process follows a series of established steps to ensure fairness and order. A personal injury trial generally includes the following stages:

1. Jury Selection: The attorneys for both sides question a pool of potential jurors to select a fair and impartial panel to hear the case.
2. Opening Statements: Each attorney gives the jury an overview of the case, outlining what they intend to prove.
3. Presentation of Evidence: Your attorney will present your case, which involves calling witnesses to testify and submitting evidence like medical records and expert opinions. The defense will have the opportunity to cross-examine your witnesses.
4. Closing Arguments: After all the evidence has been presented, the attorneys summarize their cases and argue why the jury should rule in their favor.
5. Jury Deliberation and Verdict: The jury retires to a private room to discuss the case and reach a decision, known as the verdict.

If the jury finds in your favor, they will also determine the amount of compensation, or damages, to award you for your injuries and losses.

After the Verdict or Settlement: What’s Next?

Once your case is resolved, either through a settlement agreement or a favorable jury verdict, the final step is the distribution of the funds. This process is handled carefully by your attorney to ensure that all financial obligations related to your case are met before you receive your final payment.

First, any outstanding case-related costs are paid from the settlement or award amount. Then, your attorney will address any liens on your recovery. A lien is a legal right or claim that another party has on your settlement funds for a debt you owe them. For example, a hospital or health insurance company that paid for your medical treatment may have a lien.

Your attorney will work to negotiate these liens down to the lowest possible amount, maximizing the money that goes into your pocket. After the liens and case expenses are settled, the attorney’s contingency fee is deducted. Finally, you will receive the remaining balance of the funds, providing the financial resources you need to continue your recovery.

Personal Injury Lawsuit FAQs

Here are answers to some common questions about the steps in a personal injury lawsuit.

How long does a personal injury lawsuit take in South Carolina?

The timeline for a personal injury lawsuit can vary widely. A straightforward case that settles early might be resolved in a matter of months. However, a more complex case that involves extensive discovery and goes to trial could take a year or more to reach a conclusion.

What is my personal injury case worth?

The value of a personal injury case depends on many factors, including the severity of your injuries, the total amount of your medical bills and lost wages, and the impact the injury has had on your quality of life. An attorney can evaluate these factors to estimate a fair compensation range, but there is no exact formula.

What if I was partially at fault for the accident?

South Carolina follows a “modified comparative negligence” rule. Under this rule, you can still recover damages as long as your share of fault is not greater than the fault of the other party (i.e., you are 50% or less at fault). Your compensation would be reduced by your percentage of fault.

Contact a Personal Injury Lawyer Near You

Understanding the steps in a personal injury lawsuit can help you feel more in control after an accident. If you have been injured due to someone else’s carelessness in the Charleston or Mt. Pleasant area, you don’t have to face the legal process by yourself.

The dedicated team at Hughey Law Firm is here to help you seek the accountability and compensation you deserve. We are committed to guiding our clients through every stage of their case with care and determination. To discuss your situation in a free, no-obligation consultation, please contact us today at (843) 881-8644 or through our online form.

Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $290 million in verdicts and settlements.