First, a victim should be aware that nearly all personal injury claims settle out of court. Most insurance companies do not wish to invest time or money in a long, drawn-out battle over an injury.
If the insurer’s client caused your injury, they have a vested interest in resolving your claim and putting the matter to rest.
However, in those rare cases where negotiations come to a standstill, then the process would look like this:
Pre-Suit Investigation and Litigation - If the attorney can't secure an acceptable settlement from the insurance company, then you may file a lawsuit.
Filing the Summons and Complaint - We use the South Carolina Rules of Civil Procedure. These rules govern how to file the suit and serve notice to each defendant. Any error in this paperwork can result in the court dismissing a claim.
Discovery - This is the process used to gather information. Both plaintiff and defendant in a personal injury case share information, conduct depositions, and obtain as much information as possible to validate their positions.
Mediation - Most South Carolina counties require assisted negotiation within one year of filing a lawsuit. This process uses a third-party lawyer who may help settle the claim outside of court.
Trial - if there is no acceptable result from mediation, the case would then go to court and be presented to a jury.
Working with an attorney is typically your best option to help ensure a smooth claims process. Any errors could invalidate your claim and force you to start from the beginning.