This process involves finding and hiring an attorney, understanding the basic laws that govern personal injury, filing a complaint, gathering evidence, trying to reach a settlement and, if necessary, going to trial. For the most part, these steps will be followed in order. The litigation phase begins when you and your lawyer file a personal injury lawsuit in court. The filing of the lawsuit sets the clock on when the case could go to trial.
Each state's pretrial procedures are different, but it will generally take one to two years for a personal injury case to go to trial. Keep in mind that a lawsuit must be filed within the strict time limits that each state has set out in a law called a statute of limitations. One of the first things you'll need to do is file a claim, both with your own insurance and with the insurance company of the person responsible for causing the accident that caused your injuries. Your personal injury lawyer will help you open these claims.
It is essential to understand that South Carolina Code § 15-3-350 provides for a three-year statute of limitations for all personal injury actions. That means you must file a personal injury claim within three years of the accident, with very limited exceptions. The first step in the personal injury claim process should be for the victim to meet with a personal injury lawyer at Stewart Law Offices. Victims should organize the meeting before speaking with insurance company representatives on behalf of the other parties involved.
Our personal injury lawyers provide free initial consultations, so you should definitely take advantage of that. During the initial meeting, you will be able to inform the lawyer about what happened, the injuries you have suffered, and the costs you face. During the initial consultation, a person should certainly ask what an attorney's fees will be. Another important consideration may be whether the lawyer will cover court fees and other expenses related to the case.
If Stewart Law Offices obtains a settlement or verdict, our fees will represent a percentage of the award. We will then be reimbursed for any funds that our company spends to process your claim. When a person wins a lawsuit in South Carolina, the sentence is valid for 10 years. However, the sentence has yet to be enforced, and the person has to file an execution order with the court that is then served to the sheriff.
Common post-trial motions include directed verdict motions, motions to set aside verdicts, addition or remission motions, or jury sentencing motions. The South Carolina Judicial Department states that post-trial motions must be filed within 10 days of trial, except motions for new trials based on new evidence, which must be filed within one year of the discovery of new evidence. During the claim process and processing your personal injury claim, voluntary or involuntary liens may be imposed against your recovery in your case. If you're still being treated for your injuries, it's too early to know how much your injury claim is worth.
Since no two injury cases are the same, it's important to find an experienced personal injury lawyer who will handle the work and know all the details of your case. You should be aware that a personal injury claim, by definition, does NOT include a claim for damage caused to property, such as a car or its contents. A North Charleston injury lawyer can advise you on your legal options and what to expect if you continue with a lawsuit. After being injured due to the negligence of another person or company in South Carolina, many people weigh the pros and cons of filing a personal injury lawsuit.
If you suffered catastrophic injuries or your loved one died in an accident in South Carolina caused by another party's negligence, make sure you have qualified help with your legal claims. For this reason, quick action is often required after a person has suffered serious injury in an accident. I prefer to see personal injury clients receive money with less struggle, but often a lawsuit is the only avenue to justice in South Carolina. Only after negotiations fail, should you consider taking your personal injury case to court in the form of a lawsuit.
In these cases, you will need a personal injury lawyer to issue subpoenas and interrogations, and request court orders for protected information. . .
