The car accident lawsuit process in South Carolina can be complex and overwhelming, especially if it’s your first time dealing with the legal system. Understanding the steps involved in a car accident lawsuit can help you prepare for what’s to come in your case.
Step 1 – The Lawsuit Is Served on the Defendant
After your lawyer files your lawsuit with the court, the first step is to serve the complaint and summons on the defendant. The complaint is your legal claim, outlining the incident and the compensation you’re seeking through the lawsuit. The summons is the formal notice for the defendant to appear in court at a specific time and date.
Serving a defendant typically involves having a sheriff’s deputy or other process server hand the complaint and summons to the defendant. Notably, your lawyer or another party connected to the lawsuit cannot be the one to serve the complaint in South Carolina.
Step 2 – The Defendant Files an Answer
Once the defendant receives your complaint and the summons, they have 30 days to file a response, formally known as an answer. In their answer, the defendant can either admit to or deny the allegations in your complaint and include additional information, such as asserting a defense for their conduct.
Depending on how the defendant responds, this answer sets the stage for the rest of the case. If the defendant admits fault, the case may resolve relatively quickly through negotiations. However, if the defendant denies fault, the case will proceed through the next phases of the legal system.
Step 3 – The Discovery Phase Begins
Discovery is one of the most critical phases of any injury lawsuit. This is where the parties exchange information and evidence so they both have a complete understanding of the case. During discovery, the lawyers from each side may request the following:
- Depositions: A deposition is an in-person question-and-answer session with the opposing lawyers. They’ll ask you about the car accident, your injuries, your treatments, and other things related to the case.
- Interrogatories: An interrogatory is a written version of a deposition. Rather than answering questions in person, the opposing lawyers will submit a list of questions for you to respond to in writing.
- Documents: Medical records, repair bills, accident scene photographs, and other documents related to the case must be provided to the opposing lawyers upon request.
Step 4 – Pre-Trial Motions and Hearings
Either side can file a pre-trial motion during discovery or after it concludes. These are requests submitted to the court seeking specific actions before the trial begins.
For example, a defendant may file a motion to dismiss the case if they believe there is no legal basis for it to have been brought in the first place. Or a plaintiff may file a motion for summary judgment, which requests that the judge rule on the case without the need to go to trial because the defendant doesn’t dispute the material facts of how the car accident occurred.
If the lawyers file motions, the court may hold hearings to determine whether to allow or deny them, giving the parties a chance to argue their cases.
Step 5 – Mediation or Settlement Discussions
After discovery, the parties involved in the car accident lawsuit will enter settlement negotiations. The vast majority of lawsuits settle before ever going to trial, but settlements can also occur even after the trial has begun.
If settlement discussions aren’t progressing, the court may recommend or even order that the parties engage in mediation instead. Mediation is a slightly more formal version of negotiations that involves a neutral third party (the mediator) helping the two sides reach an agreement.
Judges typically encourage parties to engage in negotiation, mediation, or arbitration to resolve cases that would otherwise clog up the court system. However, these alternative dispute resolution methods are often beneficial to the parties as well because they are less costly and time-consuming than a trial.
Step 6 – Trial Preparation
If the at-fault party’s insurance company refuses to offer a fair settlement during negotiations, your case will proceed to trial. During the preparation phase before the trial begins, your lawyer will:
- Organize and review the evidence they collected
- Prepare witnesses and expert testimony
- Draft opening and closing arguments
- Create visual demonstrations, such as slideshows
- Go over the facts of the case with you and make sure you know what to say if you’re called to the stand to testify
Your lawyer will also explain what to wear to court and about appropriate in-court comportment. You want to make a good impression on both the judge and the jury.
Step 7 – The Trial (If Necessary)
Once trial preparation is complete, it’s time for the trial to begin. This is where both parties present their cases before a judge and jury. The jury will determine liability and damages (compensation) in the case, and the judge’s role is largely to make sure the trial runs smoothly.
A car accident trial can take anywhere from one day to several weeks to conclude. The exact timeline depends on the complexity of the case. For example, a rear-end accident may resolve in one day, while a multi-car pileup involving several parties would likely take longer.
Step 8 – Verdict and Judgment
At the end of the trial, the jury will deliver its verdict. If the verdict is in your favor, the court will issue a judgment specifying the compensation you will receive. This compensation may cover your medical expenses, lost income, property damage, pain and suffering, emotional distress, and other losses.
You may be able to appeal the decision if the verdict is not in your favor.
Contact Our South Carolina Car Accident Lawyers
If you were injured in a South Carolina car accident, contact Murphy Crantford Meehan for a free consultation with a knowledgeable and experienced car accident lawyer. During your initial consultation, we’ll walk you through the phases of a car accident lawsuit and explain your options for seeking the compensation you need.
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