ESPANOL
What happens when you go to court for a premises liability case in South Carolina will rest on a variety of factors present in your case. Because many personal injury claimants are able to reach agreements without the need of a judge, cases do not often make it to court at all.
However, if you feel that your case merits a lawsuit, you can expect the following in your court case:
- Your premises liability lawyer will file a lawsuit against the negligent party
- Both parties’ legal counsel will enter the discovery phase, where they collect evidence and send questions back and forth
- Both parties could enter the mediation and negotiation phase, if willing
- Your case goes to trial, where your financial recovery options are at the behest of an attending judge
Sometimes, claimants are able to reach settlements the morning of their court appearance. But again, that possibility will rest on the details of your situation.
Elements to Consider When Bringing Your SC Premises Liability Case to Court
Essentially, both parties in your South Carolina premises liability case will have the ability to present their side of the story and discuss the strength of available evidence.
Before taking your case to court, you may want to consider entering the mediation process. This gives you and the at-fault party the opportunity to reach a resolution under the supervision of a third-party mediator.
Yet, if the other party is not willing to take this route or still offers you an unfair settlement amount, you have the option of taking your case to court. From there, here are some things to consider while preparing your case for litigation:
Waiting for Your Injuries to Heal
If you broke your arm as a result of a premises liability accident, you may want to wait until your arm heals and you regain your full range of motion to seek compensation.
However, for more severe injuries, like paralysis, your story may look different. You might reach your full potential for recovery when your health stabilizes, although you may never recover mobility in certain parts of your body.
You would not want to take your case to court if you have not healed. You would not want to go through the trouble of a lawsuit only to find out that your court award does not account for future medical procedures you need.
The Strength of Your Evidence
The evidence in your case will play a huge role in your claim’s success. The information collected by you and your lawyer must assert that the liable party’s negligence led to you suffering financial losses.
Evidence in your South Carolina premises liability case could come in the form of:
- Photos and videos of the accident
- Your medical records
- Statements from your doctor
- The police report, if one was filed
- Invoices, billing statements, and receipts relating to your economic damages
At some point in your court case, both parties will have the ability to examine the evidence. The other party might say that the evidence was improperly collected or that it does not represent the situation. This is where your lawyer can step in and advocate for your legal rights.
Reach Out to George Sink, P.A. Injury Lawyers Today
What happens when you go to court for a premises liability case in South Carolina varies from case to case. However, when you work with George Sink, P.A. Injury Lawyers, we can listen to the facts of your situation and determine a course of action for your case.
Litigation can be a lengthy process. You may be able to recover compensation through an insurance settlement or the mediation process. Either way, just focus on getting better and leave the rest to us. To start a free consultation, call us or fill out our online form today.