Written by: Reginald C. Hair
Have you considered the idea of filing a personal injury lawsuit? Given how time-consuming the litigation process can be and the associated litigation costs, the decision to file a lawsuit should not be a decision that is taken lightly.
At the Solomon Law Group, our focus is always on resolving your personal injury case without having to file a lawsuit. However, we understand that some insurance companies will not offer our clients fair compensation for their injuries, lost wages, and pain and suffering. When this occurs, we speak to our clients about filing suit and what this will entail. Below are some of the points that you should consider before agreeing to file a lawsuit.
Due to procedural rules, the litigation process often moves very slowly after the filing of your lawsuit (Summons and Complaint). After serving the defendant with the lawsuit, the defendant will have at least thirty (30) days to respond with an Answer. The next step in the litigation process consists of (1) written discovery and oral discovery (depositions), (2) mediation, and (3) trial. You will need to be present for your own deposition, mediation, and trial. Generally, a case is not called for trial until 12-16 months after filing suit.
When filing a lawsuit, there will be costs that you will incur during the litigation process. First and foremost, there are filing fees that are charged by the court when you file certain pleadings. After the filing of the lawsuit and during the oral discovery stage, there will be costs associated with securing a court reporter for the defendant’s deposition. Additional costs will be added if your treating physician is asked to provide deposition testimony for your case.
A mediation will occur if your case does not settle during the discovery phase, and there will be costs that the plaintiff and defendant will have to split to have a mediator present. A case that does not get resolved at mediation will proceed to trial. At trial, we will have to subpoena your treating physician(s) to testify and relate your injuries to the collision/incident. There are usually additional costs that will be incurred if a physician has to testify in court.
Your case can settle and any point after the filing of the lawsuit. The further along we go in the litigation process, the more we typically spend. Please be mindful that the money that we spend will be deducted from any settlement or verdict that you receive. Therefore, we will advise you of the costs you are incurring and what we think is in your best interest as we enter each phase of the litigation process.
Do you Need a Personal Injury Lawyer?
You should not have to deal with the insurance companies alone. Our attorneys handle claims every day, and we file lawsuits when warranted. At the Solomon Law Group, we will represent you and fight for you. We want you to be able to focus all of your attention on your recovery and well-being.
Reginald Hair is an associate attorney at the Solomon Law Group and has worked for one of the largest personal injury law firms in South Carolina. He has solely practiced personal injury law since 2016.
Carl Solomon is a member of the Multi-Million Dollar Advocates Forum® and has received the coveted AV Peer Review Rating™ from Martindale-Hubble®. He has also been recognized by Super Lawyers® and Best Lawyers in America®. He is the founder of the Solomon Law Group, LLC, which represents clients throughout South Carolina.
If you or a loved one has been injured at no fault of your own, call the Solomon Law Group today at (803) 391-3120 or contact us online. You can speak with a lawyer about your options for free.