What Happens if a Personal Injury Case Goes to Trial?
Most personal injury claims in South Carolina are resolved through settlements. However, not all cases end that way. When an agreement can’t be reached, the case may move forward to trial. This process can feel intimidating to those unfamiliar with the legal system, especially when you’re already dealing with physical and emotional stress from an accident. Knowing what to expect if your case reaches the courtroom can help reduce uncertainty and prepare you for what lies ahead.
Why Some Personal Injury Cases Go to Trial
There are several reasons why a personal injury case may not settle. Insurance companies sometimes dispute the extent of a person’s injuries or deny liability entirely. In other situations, the parties might agree on liability but disagree on how much compensation is fair. When negotiations break down and mediation fails, the next step is typically to file a lawsuit and go to trial.
Taking a case to trial does not mean the plaintiff is greedy or that the defendant is heartless. Trials become necessary when both sides believe the court is the only place where a fair resolution can be reached.
Pretrial Steps You Need to Know
Before a trial begins, there is a phase called “discovery.” During this time, both parties gather evidence, interview witnesses, and request documents. You may be asked to give a deposition, which is sworn testimony given outside of court but under oath. Your attorney will prepare you for this step so you can answer questions clearly and honestly.
There may also be pretrial motions. These are requests made to the judge to resolve legal questions before the trial starts. For example, your attorney might ask the court to prevent certain evidence from being presented to the jury. All of this is done to lay the groundwork for a smoother, more focused trial.
What Happens During a Personal Injury Trial in South Carolina
Trials in South Carolina follow a general structure. Each phase has a purpose, and every stage offers both sides a chance to present their argument. Here’s how it typically unfolds:
Jury Selection
In most personal injury trials, a jury is selected to decide the outcome. The process, known as voir dire, involves attorneys from both sides questioning potential jurors. The goal is to ensure that the jury is fair and unbiased. Some individuals may be dismissed if they reveal a conflict of interest or show strong opinions that could influence their judgment.
Opening Statements
Once the jury is seated, both sides make opening statements. These are outlines of what each party intends to prove. The plaintiff’s attorney goes first, providing a roadmap of the case and previewing the evidence that will be shown. The defense follows, offering their perspective on the events and what they believe the evidence will show.
Presentation of Evidence
This is the heart of the trial. The plaintiff presents their case first. This includes testimony from the injured party, expert witnesses like doctors or accident reconstruction specialists, and physical evidence such as medical records, photographs, or video footage.
After the plaintiff rests their case, the defense has the opportunity to present their own evidence. They may call witnesses to dispute liability or question the severity of the injuries. Both sides can cross-examine the opposing party’s witnesses.
Closing Arguments
When all the evidence has been presented, each side delivers a closing argument. This is their chance to summarize the case and argue how the jury should interpret the facts. The plaintiff’s attorney may emphasize the impact of the injuries and the need for fair compensation. The defense might argue that the injuries aren’t as severe as claimed or that their client was not responsible for the accident.
Jury Instructions and Deliberation
The judge will then provide the jury with instructions. These explain the legal standards they must apply when considering the evidence. Once the jury has their instructions, they go into deliberation. This is a private discussion where they weigh the facts and reach a verdict.
In civil cases like personal injury claims, the standard is “preponderance of the evidence.” This means the jury must believe it is more likely than not that the defendant is responsible. A unanimous verdict is not always required, but a majority is typically needed in South Carolina.
The Verdict
When the jury reaches a decision, they return to the courtroom and the verdict is read aloud. If they find in favor of the plaintiff, they will also decide how much compensation to award. This can include both economic damages (like medical bills and lost income) and non-economic damages (such as pain and suffering).
If the jury rules in favor of the defendant, the case ends there unless an appeal is filed.
How Long the Trial Process Can Take
From the time a lawsuit is filed until the verdict is reached, the process can take several months or even years. Some delays are caused by crowded court dockets. Others happen because of the complexity of the case. Medical experts may need time to review records, or additional investigation may be necessary. While this process can feel slow, it’s often critical for building a strong case.
What Happens After the Trial
Even after a verdict is issued, there may be post-trial motions. One side might ask the judge to overturn the verdict or request a new trial. If there are legal grounds for disagreement with how the trial was conducted, an appeal may follow. Appeals are not new trials—they involve a review of the legal decisions made during the case to determine whether any errors occurred.
If the jury awards compensation, the next step is collecting it. This may involve negotiating a payment plan or, in some cases, pursuing further legal action to enforce the judgment.
Should You Be Worried About Going to Trial?
Many clients feel nervous about the idea of going to court. That’s understandable. Trials involve public proceedings, legal arguments, and uncertain outcomes. However, with an experienced personal injury attorney by your side, you’ll have someone to explain each step and advocate for your interests.
It’s important to know that filing a lawsuit doesn’t always mean your case will go all the way to trial. Many cases settle during the discovery phase or even on the day trial is set to begin. Having a lawyer who is willing and able to take your case to trial, though, can be a powerful tool in negotiations.
Working With the Right Attorney Makes a Difference
If you’ve been seriously injured due to someone else’s negligence, you deserve a fair chance to recover compensation. Whether your case is resolved through negotiation or goes before a jury, working with a lawyer who understands South Carolina’s personal injury laws is key.
A skilled attorney will know how to prepare your case, communicate with insurers, and represent you confidently in court if needed. While not every case ends up in a courtroom, being prepared for that possibility ensures your rights are fully protected throughout the process.
Understanding what to expect if your case goes to trial gives you the knowledge to make informed decisions. You’re not just fighting for compensation—you’re standing up for what’s right.
