(150+)A serious accident can change your entire life in a matter of seconds. Whether a car crash, trucking accident, or slip and fall, you deserve justice and compensation. Through a personal injury claim in South Carolina, you may be entitled to monetary damages for property loss, medical bills, lost wages, and pain and suffering.
This raises an important question: Do most personal injury cases settle? The short answer is that your personal injury claim is far more likely to be resolved through a settlement than a verdict.
However, some factors may make litigation more likely.
How Many Personal Injury Cases Go to Trial: Know the Data
Personal injury litigation is not especially common—at least compared to how many claims are brought. Indeed, despite the high volume of personal injury claims filed each year, a surprisingly small fraction actually proceed to trial. According to data from the Bureau of Justice Statistics (BJS), only somewhere between 2 and 5 percent of these cases actually go to trial. Further, a not-insignificant share of personal injury claims that actually do go to trial end up being settled during litigation without a jury verdict. The relatively low rate of personal injury trials emphasizes the tendency towards settlement. Parties may opt to settle to reduce risks and save legal costs.
Why is My Personal Injury Case Going to Trial (Four Factors)
For injured victims in South Carolina, a full, fair, and prompt settlement is often the best possible outcome. Whereas a settlement after an accident can come in a few months, a full trial can take well over a year to be resolved. While settlements are far more common than verdicts, the reality is that some personal injury claims do go to trial. Why does this happen? Here are four factors that could make a personal injury claim in South Carolina more likely to end up going to trial:
- Severe Injuries: The more severe a victim’s injuries, the more that is at stake in a personal injury claim. With so much at stake, defendants and insurers may be reluctant to settle the case. A catastrophic injury often results in extreme medical expenses, long-term care needs, and considerable pain and suffering. Of course, this means that the victim will make a far larger settlement demand. A high-value claim can prompt insurance companies to scrutinize the case more rigorously and challenge things in order to try to pay out less. When the potential settlement amount increases, the odds of a trial increase as well.
- Disputed Liability: South Carolina is a fault-based personal injury claim. To hold another party legally responsible for your accident, you must prove fault. Disputed liability is a common factor that can lead a personal injury case to trial. When the parties do not agree about who is at fault—or if there are multiple parties who may potentially share liability—serious conflict can arise. Unfortunately, defendants and their insurance companies and defendants are less likely to offer a fair settlement if they believe they can shift some or all of the blame to the injured victim or to another defendant.
- Bad Faith By Insurance Company: Another reason why a case may end up in trial is because the insurance company may simply not play by the rules. In South Carolina, insurers have a general duty to use good faith settlement practices. When insurers do act in good faith, a case can often move toward a settlement. While there are certainly some good faith disputes that end up in litigation, it is far easier to settle a case with an insurer that is handling the claim in an honest manner. Sadly, that does not always happen. Cases involving bad faith by an insurance company, such as denying a legitimate claim or failing to communicate openly about claim status, can also lead to trial.
- Pro Se Representation (Not Hiring a Lawyer): Finally, another reason why a claim may not be settled is because the victim opts to proceed without professional legal representation. Choosing to represent oneself in court—which is referred to as pro se representation—can increase the likelihood of a trial in personal injury cases. A person without legal representation may find it challenging to negotiate effectively with an aggressive insurance company. You may get lowball settlement offers and, ultimately, a stalemate in the claims process. If the defense/insurer believes that they can win in court because you do not have a lawyer, they may not offer a full and fair settlement.
Angela is a Fighter By Your Side in Personal Injury Claims
Hurt in a bad accident in South Carolina? You need compensation for the full extent of your damages, including economic losses and non-economic losses. Our founding attorney Angela Elliott Frazier, is a fighter. With a commitment to investing time, resources, and attention to detail in each and every case, she puts victims and families first. When you contact us at our Greenville office, you will have a chance to connect with a South Carolina personal injury who can:
- Conduct a free, detail-focused review and assessment of your case;
- Investigate your accident—gathering evidence to prove liability;
- Handle any paperwork from and settlement negotiations with the insurance company;
- Take aggressive legal action to help you secure the maximum financial compensation.
Schedule a Free Consultation With Our South Carolina Personal Injury Lawyer Today
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our Greenville, SC personal injury lawyer fights tirelessly for justice. We are trial-tested and put justice first. Following a serious accident, you need the maximum compensation, including for medical bills, lost wages, and pain and suffering. Give us a call now or contact us online for a free, no-obligation case review.
From our Greenville, we fight for the rights of injured victims throughout Upstate South Carolina.
