There are a lot of stages that come into play when someone files a personal injury claim. The process can be long and stressful and it requires a lot of patience at a time when you might not have the patience to spare. You’re hurt, unable to work, and you need the money to make ends meet, stay above water, and get your life back in some way. The last thing you want is a lengthy court battle.
The truth is, with persistence, patience and the right help, most injury lawsuits don’t ever see the inside of a courtroom. Learn the process of how an injury lawsuit moves forward, the stages involved, and how a personal injury attorney can get you paid without going to court.
The Phases of an Injury Lawsuit
An injury lawsuit begins the moment you are hurt. You gather the information of the person whose fault it is that you are injured, and you see the doctor to get checked out and start your recovery process. You then contact your attorney and file a claim to start the process of collecting damages for what happened.
Sometimes, this is as far as you need to go. The insurance companies involved may agree to your request and pay out. Unfortunately, it often isn’t that simple. There are many factors that go into play, and the suit will then generally pass into negotiation phase, which is a back-and-forth where the parties will either come to an agreement, or the case goes to trial.
Why Most Cases Don’t Go to Court
There are a number of reasons that most cases never see the inside of a courtroom. The costs of a trial can be very risky for both sides. The loser will be left paying legal fees and court costs, which can be very expensive. If the plaintiff loses, they don’t get a settlement at all. If the defendant loses, they risk paying out a lot more than they ever wanted to pay. As such, it’s in the best interests of both sides to come to an agreement out of court.
Other reasons why a trial isn’t always in the best interests of those involved is that even with a victory, plaintiffs can see their payments delayed, and either side can file an appeal, meaning the trial can drag on for a long time.
If the parties are having problems coming to an agreement, there are options between negotiation and court. One of these is mediation, where a neutral third party sits down with each side and helps them overcome their differences.
Talk to Your Attorney
Sometimes, going to court becomes necessary. But never assume that a trial is the end game. If you’ve been hurt and are seeking compensation in an injury lawsuit, securing the services of a qualified and experienced South Carolina personal injury attorney can be your best bet. A qualified lawyer will not only be able to guide you in the right direction, they will aggressively protect your rights every step of the way. If you need legal help in your injury case, contact Harris and Graves for a consultation at no cost today.