While many people envision dramatic courtroom showdowns like those on television, the reality is that most personal injury cases in South Carolina never see the inside of a courtroom. In fact, approximately 95-97% of personal injury claims settle before trial.
Keep reading to learn why most cases settle outside of court. If you were hurt in an incident that wasn’t your fault, the Greenville personal injury lawyers at Smith Jordan Law are ready to help, whether through settlement or trial.
Why most cases settle
There are several reasons why personal injury cases typically resolve through settlement rather than trial:
- Cost-effectiveness: Trials are expensive for all parties involved, including attorney fees, expert witness costs, court filing fees, and other litigation expenses.
- Time considerations: The South Carolina court system can be backlogged, meaning trials might be scheduled 12-18 months after filing. Under South Carolina Code § 15-3-530, most personal injury claims have a three-year statute of limitations, but resolution through settlement is almost always faster.
- Uncertainty: Trials introduce significant unpredictability – juries are inherently unpredictable, and even strong cases carry risk.
- Insurance company preferences: Insurance companies generally prefer to settle cases rather than risk larger jury verdicts and additional litigation costs.
When cases do go to trial
Despite the preference for settlement, some personal injury cases do proceed to trial when:
- The parties have fundamentally different views on liability (who was at fault)
- There’s significant disagreement about the value of damages
- The insurance company makes unreasonably low settlement offers
- Complex legal questions need court determination
- The case involves especially severe injuries or controversial circumstances
The South Carolina trial process
If your case is among the small percentage that goes to trial, the process generally includes:
- Discovery: Exchange of evidence between parties, including depositions, interrogatories, and document production under SC Rules of Civil Procedure.
- Pre-trial motions: Requests to limit evidence or resolve aspects of the case before trial.
- Jury selection: Both sides participate in choosing jurors according to SC Code § 14-7-1050.
- Trial proceedings: Opening statements, witness testimony, cross-examination, and closing arguments.
- Jury deliberation and verdict: The jury evaluates evidence and determines liability and damages.
- Possible appeals: Either party may appeal the verdict to the South Carolina Court of Appeals under certain circumstances.
Our approach at Smith Jordan Law
At Smith Jordan Law, we prepare every case as if it will go to trial, even though we know most will settle. This thorough preparation often leads to stronger settlement positions. Our attorneys have extensive trial experience in South Carolina courts when trial becomes the best option for our clients.
We evaluate each case individually, considering factors like liability evidence, injury severity, insurance coverage, and our client’s preferences. We provide honest assessments about whether settlement or trial is likely the better path in your specific situation.
Remember that the decision to settle or go to trial ultimately belongs to you, the client. We will provide guidance based on our experience, but we’ll always respect your wishes regarding how to proceed with your case.
If you’ve been injured and are wondering about the legal process, contact Smith Jordan Law for a consultation to discuss your specific situation and options.
