At Smith Jordan Law, our Greenville personal injury lawyers believe in empowering our clients with knowledge to make informed decisions. So, what is a pre-suit claim, and how does it differ from a lawsuit? Let’s explore these concepts and their relevance under South Carolina law.
What is a pre-suit claim?
A pre-suit claim is an attempt to resolve a dispute or injury claim before filing a formal lawsuit in court. The goal is to negotiate a settlement between the parties involved without litigation. This process often involves exchanging information, documentation, and negotiations to reach a mutually agreeable resolution.
Steps involved in a pre-suit claim
1. Notification
The injured party, or their attorney, notifies the insurance company of their injury claim, and sets up an insurance claim.
2. Investigation
Both parties investigate the claim. This may involve gathering medical records, accident reports, witness statements, and other relevant evidence.
3. Demand
The injured party, or their attorney, sends a demand letter to the responsible party or their insurance company. This letter outlines the details of the claim, including the nature of the injury, damages incurred, and the compensation sought.
3. Negotiation
The parties engage in negotiations to try to settle. This can involve multiple rounds of offers and counteroffers.
4. Settlement agreement
The parties will draft and sign a settlement agreement if an agreement is reached. This document outlines the settlement terms and typically includes a release of liability, meaning the injured party agrees not to pursue further legal action related to the claim.
What is a lawsuit?
A lawsuit is a formal legal action filed in court when parties cannot resolve their dispute through pre-suit negotiations. Filing a lawsuit involves presenting the case before a judge or jury, who will determine the outcome based on the evidence and legal arguments presented.
Steps involved in a lawsuit
1. Filing a complaint
The plaintiff (the injured party) files a complaint with the court, formally stating their claims against the defendant (the responsible party).
2. Service of process
The defendant is served with the complaint and summons, notifying them of the legal action and requiring their response.
Discovery
Both parties exchange information through discovery, which includes depositions, interrogatories, requests for production of documents, and requests for admissions.
Motions
Before trial, parties may file various motions, such as motions to dismiss or motions for summary judgment, which can affect the case’s progression.
Trial
If the case is not resolved through settlement or pre-trial motions, it proceeds to trial. Both parties present their evidence and arguments, and the judge or jury decides.
Appeal
If either party is dissatisfied with the outcome, they may appeal the decision to a higher court.
Key differences Between Pre-Suit claims and Lawsuits
Cost and time
- Pre-suit claims – These are typically less expensive and time-consuming. Resolving a dispute through a pre-suit claim avoids costs, including court fees, and lengthy litigation processes.
- Lawsuit – This is more expensive and time-consuming. Litigation involves court fees and attorney fees and a longer timeline due to the formal court process.
Control over outcome
- Pre-suit claim – Parties have more control over the outcome, as they can negotiate terms and reach a mutually agreeable settlement.
- Lawsuit – While many lawsuits settle before trial, if you do go to trial, the outcome is decided by a judge or jury, which means parties have less control over the final decision.
Legal considerations in South Carolina
In South Carolina, the process of filing a pre-suit claim or a lawsuit is governed by state laws and regulations. For instance, personal injury claims must comply with the statute of limitations, which dictates the timeframe for a lawsuit. According to South Carolina Code of Laws Section 15-3-530, the statute of limitations for personal injury cases is generally three years from the date of the injury.
Hurt in an incident that wasn’t your fault? Call us.
While pre-suit claims offer a less formal, more controlled, and often quicker resolution, lawsuits provide a structured path to seek justice when negotiations fail. At Smith Jordan Law, we are dedicated to helping you understand your options and achieve the best possible outcome. If you have questions about your legal situation or need assistance with a pre-suit claim or lawsuit, contact us today at (864) 343-2222.
