Litigation vs. Negotiation After a South Carolina Car Accident

As you approach a car accident lawsuit in South Carolina, you may need to learn about many new concepts. These claims may involve various complex processes in both the insurance world and the legal courts. One of the most important things to know about car accident claims is that there are two potential pathways toward compensation: One occurs via negotiation, while the other occurs via litigation. This is something that a Charleston personal injury lawyer can explain in more detail.

What Is Litigation?

 Litigation is the legal process that most people are familiar with – mostly due to the popularity of legal dramas and Hollywood movies. This process occurs in a courtroom, in the presence of a judge and other court officials. Often, a jury is present.

In the context of a car accident claim, a trial serves various purposes. First, it helps establish whether the defendant’s negligence caused the defendant’s damages. The goal for the plaintiff is to show a “preponderance of evidence” that supports the defendant’s negligence. If they accomplish this goal, the trial process also determines how much compensation the plaintiff should receive. This is called a “verdict.”

What Is a Settlement Negotiation? 

Alternatively, a car accident claim may lead to a settlement negotiation. This process occurs in private, and is less formal than litigation. Only a few people are present, and a key participant is often an insurance adjuster. This process often leads to an insurance settlement that covers the plaintiff’s damages. In this situation, the plaintiff’s goal is to negotiate a fair settlement amount.

Litigation Is Relatively Rare 

The first thing you need to know about litigation is that it is statistically quite rare. Harvard Business Review (HBR) states that over 90% of all lawsuits never reach the trial stage, and they are instead settled at the negotiation table. HBR also notes that these settlements often occur “virtually on the courthouse steps” – mere moments before trial. Negotiations allow both parties to avoid expensive trials, which are often highly stressful for injured plaintiffs. For defendants, settlements also allow them to resolve the situation without admitting fault.

Do I Need a “Trial Lawyer” for My Car Accident Claim? 

Because of the rarity of car accident trials in South Carolina, you probably won’t have to face this process. That being said, it always makes sense to work with a lawyer who has experience with both negotiations and litigation. With this approach, you can feel confident about your case even if you face a trial due to failed negotiations.

Can a South Carolina Injury Lawyer Help Me? 

It is difficult to determine whether you will pursue litigation or negotiation simply by reading an online article. The truth is that each accident is different, and you should seek personalized legal advice from an experienced South Carolina accident attorney. Consider contacting Mickelsen & Dalton, LLC for more targeted guidance. Reach out today to schedule a consultation.

Sources: 

hbr.org/1990/01/five-ways-to-keep-disputes-out-of-court

guides.law.sc.edu/TrialPreparation