In 2021, Greenville County took the lead in South Carolina in the number of fatal car accidents, underscoring the dangers drivers face on the road. While not every car accident results in a fatality, many can still lead to serious injuries, disputes over liability, or complicated insurance claims that end up in court. If you or someone you love has been involved in a car accident, it’s crucial to know what lies ahead in the legal process. Lawsuits can be overwhelming, especially if you’re unfamiliar with court procedures. Whether you’re seeking compensation for medical bills, lost wages, or emotional distress, this guide will help you understand each step of a car accident lawsuit and prepare you for what to expect in court.
1. Ensure Your Attorney is Well-Versed in Court Cases
When pursuing a car accident lawsuit, the first and most vital step is to hire an attorney with courtroom experience, not just one focused on out-of-court settlements. While many cases settle before reaching trial, having a lawyer who is comfortable in court ensures you’re prepared for any outcome. Greenville, South Carolina, has an affordable cost of living, which makes hiring a skilled attorney more accessible for many. Moreover, most personal injury lawyers will only demand a percentage of the compensation once they win the case for you (also known as a contingency fee). If you haven’t yet hired a lawyer, start by searching online by typing keywords like Greenville auto accident attorney near me. This will give you a list of qualified professionals in your area, and from there, you can review their credentials, reviews, and success rates. It’s critical to choose someone who has handled similar cases and has a proven track record in both settlements and trials.
2. Understanding the Lawsuit Filing Process
Once you’ve secured your attorney, the lawsuit officially begins with the filing of a complaint. In a car accident case, this is usually done by the plaintiff (the injured party). The complaint is a legal document that outlines your claims, including how the accident occurred, who you believe is responsible, and the damages you’re seeking. Your attorney will handle drafting and filing this document on your behalf. It’s important to remember that South Carolina has a statute of limitations of three years for personal injury cases, so you must file within that time frame.
3. The Discovery Phase
After filing, the case moves into the discovery phase. This is when both sides gather and exchange evidence. The discovery process includes taking depositions (formal interviews under oath), requesting documents, and obtaining witness testimonies. Your attorney will work to gather all necessary information, including medical records, accident reports, and any other evidence that supports your claims. During this time, you may be required to provide documentation about your injuries, financial losses, and other relevant details. The goal of discovery is to build a strong case that clearly shows the other party’s liability and the extent of your damages.
4. Pre-Trial Motions and Hearings
Before the trial begins, there may be pre-trial motions and hearings. These are legal requests made to the court that can shape the trial proceedings. For example, either party can file motions to exclude certain evidence, dismiss parts of the case, or request summary judgment (asking the judge to decide the case without going to trial). Your attorney will represent your interests during these proceedings, ensuring that the case is presented fairly and that any evidence that could strengthen your claims is included. It’s during these hearings that many cases settle as both sides gain a clearer understanding of the strengths and weaknesses of their arguments.
5. Jury Selection
If your car accident lawsuit proceeds to trial, the jury selection process becomes a crucial step. During this stage, both your attorney and the defendant’s legal team will choose individuals from a pool of potential jurors to serve on the jury. The goal is to select impartial jurors who can fairly evaluate the case based on the evidence presented. Each side has the opportunity to ask questions and dismiss potential jurors who may have biases or connections to the case. Having an experienced attorney is critical during jury selection, as they will know how to spot potential biases that could impact the outcome of your case.
6. The Trial Process
Once the jury is selected, the trial officially begins. Both sides will present their arguments, starting with the plaintiff (you) since you are the party bringing the lawsuit. Your attorney will present evidence that demonstrates the defendant’s liability for the accident. The defense will then have the opportunity to challenge this evidence, often presenting their own witnesses and evidence to dispute your claims. Throughout the trial, both attorneys will also cross-examine witnesses. The trial process can be lengthy, but each stage is designed to ensure that both sides have a fair chance to present their case and for the jury or judge to weigh the evidence.
7. The Verdict
After both sides have presented their evidence and arguments, the jury (or judge, if it’s a bench trial) will deliberate and come to a verdict. The jury will decide whether the defendant is liable for the accident and, if so, how much compensation should be awarded to you. In South Carolina, the legal system follows the comparative negligence rule, meaning that your compensation can be reduced if you are found to be partially at fault for the accident. For example, if you are found to be 20% at fault, your compensation would be reduced by that percentage.
8. Appeals and Post-Trial Motions
Even after a verdict is reached, the legal process may not be entirely over. Either party can file an appeal if they believe there were legal errors during the trial that impacted the verdict. Appeals are reviewed by higher courts, and while they can prolong the resolution of the case, they provide a way to correct any legal mistakes made during the trial.
9. Collecting Your Compensation
If the verdict is in your favor and no appeals are filed, the final step is collecting your compensation. The court will issue a judgment, and the defendant is required to pay the awarded amount. In some cases, insurance companies will pay the compensation on behalf of the defendant. However, if the defendant is uninsured or underinsured, your attorney may need to take additional legal action to collect the payment. Nevertheless, your attorney will work to ensure that you receive the full compensation you are entitled to as efficiently as possible.
Going through a car accident lawsuit can feel overwhelming, but it also provides an opportunity to assert your rights and seek fair compensation for your losses. Each step, from hiring the right attorney to navigating court proceedings, is part of the journey toward resolution and justice. By being informed and prepared, you can approach your case with confidence, knowing that you’re taking the necessary steps to protect your future.
