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What to Expect from Injury Litigation

 

When people think of personal injury litigation, they often imagine courtroom scenes like on television. That can be misleading since the vast majority of cases are settled before they ever reach a courtroom.

 

If you or a loved one sustains a personal injury, you should always seek immediate medical attention and notify your insurance company. If you are able, you should also photograph the scene of the accident and get contact information from witnesses.

In some cases, your insurance company will provide a South Carolina personal injury attorney to represent you. Here's what to expect from the litigation process:

 

Pleading

In this stage, the defendant is notified of the pending lawsuit and is given a chance to respond. Both sides use this time to gather facts and build their cases.

 

Discovery

Attorneys gather evidence and take statements from those involved. Much like a chess game, each side evaluates its own case and tries to gauge the effectiveness of the opponent's case. Settlements often take place during this period, as the participants decide they'd rather not take their chances at trial.

 

Trial

Both sides present their cases to a judge and/or jury. Witnesses are questioned and the admissibility of evidence is debated. In a personal injury case, the plaintiff must prove fault or liability in addition to establishing the extent of injury and any financial losses. The judge or jury returns a verdict after considering all of the evidence.

 

Appeal

If a defendant is unhappy with a verdict, the next step is an appeal to a higher court. That court will uphold or reverse the verdict or remand the case back to the lower court if it determines there was a procedural error or improper presentation of evidence in the original trial.

 

Enforcement

When the appeal process has been exhausted, the defendant must comply with the judgment.

 

If you or your loved one have been the victim of someone else's negligence or have suffered a serious personal injury, we can help. Find out exactly what your rights are by contacting The Mike Kelly Law Group for a confidential, no-cost consultation at 866-959-4341 or complete our contact form.