If you’ve filed a personal injury lawsuit in South Carolina and settlement negotiations haven’t worked, your case may proceed to trial. While most personal injury claims are resolved before ever reaching a courtroom, it’s essential to know what to expect if your case does go to trial.
Understanding the legal process not only prepares you mentally and emotionally, but also helps ensure you stay actively involved in achieving the best outcome. Below, we’ll walk you through the critical steps of a personal injury trial and what you should do at each stage.
Pre-Trial Settlements: What Usually Happens First
Most personal injury cases—especially those involving car accidents, slip and fall injuries, or workplace accidents—are resolved before trial. Insurance companies often prefer to settle to avoid the costs and uncertainties of litigation.
- Uninsured Motorist Claims: If the at-fault driver was uninsured, your own uninsured motorist coverage may come into play. (Tip: Always request this coverage—it’s optional in South Carolina but highly beneficial.)
- Mediation Requirement: In South Carolina, mediation is mandatory before most personal injury cases go to trial. This process gives both sides a chance to resolve disputes before incurring the expense of trial.
Even if your case isn’t resolved during these pre-trial stages, discovery and further negotiations often lead to settlement before a jury is ever seated.
What Happens at Trial?
If your personal injury case goes to court in Orangeburg, Columbia, Charleston, or elsewhere in South Carolina, here’s what you can expect:
- Pre-Trial Motions and Legal Arguments
The trial begins with attorneys arguing key legal issues before the judge. These motions may determine:
- What evidence can be presented
- How the jury will be instructed on the law
- Limitations on witness testimony
- Jury Selection (Voir Dire)
Both attorneys—and you as the client—participate in choosing jurors. This involves:
- Questioning potential jurors for bias or conflict
- Using a limited number of “strikes” to remove unsuitable jurors
- Striking jurors “for cause” if they’re unable to be fair
Clients should remain engaged during this process. You may have insights into body language, demographics, or personal experience that helps guide decisions.
- Opening Statements
Each attorney presents an overview of their case. This is not evidence, but a preview of what the jury will hear. The Plaintiff’s attorney (your attorney, if you’re the one bringing the case) usually goes first.
- Presentation of Evidence and Witness Testimony
This phase includes:
- Direct examination: Your attorney questions witnesses to present your side of the case.
- Cross-examination: The defense attorney questions those same witnesses to challenge credibility or facts.
- Admitting evidence: Medical records, photos, police reports, or other key documents are shown to the jury.
- Closing Arguments
Each side summarizes the case, reminding the jury of key facts, testimony, and how the law supports their side. This is the last opportunity to sway the jury before they deliberate.
Why Your Participation Matters
The trial may be legally guided by attorneys and judges, but you are at the heart of the case.
Here’s how you can help:
- Juror feedback: Watch jurors and notify your attorney if someone appears disengaged or biased.
- Cross-examination support: Suggest follow-up questions, especially when you know a witness personally.
- Details: You know your injuries, treatment, and pain better than anyone. Share specifics that could strengthen testimony or clarify misconceptions.
Your attorney may handle the legal arguments, but your awareness and involvement often impact the final verdict.
What Happens After Trial?
The trial concludes with the jury delivering a verdict—a decision that may include a financial award. From there:
- You may receive compensation if the verdict is in your favor.
- An appeal may follow, depending on the outcome and legal circumstances.
- A settlement is still possible even during a pending appeal.
Frequently Asked Questions: Personal Injury Trials in South Carolina
Q: How long does a personal injury trial take in South Carolina?
A: The length of a trial can vary depending on the complexity of the case, the number of witnesses, and the amount of evidence presented.
While many trials last only a few days, more complex cases can take a week or longer. Pre-trial motions, jury selection, and closing arguments all contribute to the overall timeline.
Q: What if I feel nervous about speaking in court?
A: It’s completely normal to feel nervous about testifying or being present in court. Your attorney will prepare you ahead of time, guide you on how to answer questions, and ensure you feel confident. You won’t be alone—your lawyer will be by your side at every step.
Q: Do I have to attend every day of the trial?
A: Yes. As the plaintiff (injured party), your presence is essential throughout the trial. Jurors often pay close attention to your behavior and reactions, and your involvement also helps your attorney respond to unexpected developments in real time.
Q: Will I have to testify during the trial?
A: Expect to be called to testify at trial by either side.
In most personal injury cases, the injured party does testify. This gives the jury a chance to hear your story in your own words and understand the impact of the injury on your life. Your attorney will help you prepare thoroughly for this testimony.
Q: What happens if the jury rules against me?
A: If the verdict is not in your favor, you and your attorney can discuss post-trial options, such as filing a motion for a new trial or appealing the decision. However, these options depend on the specific legal issues involved and must be acted on promptly.
Q: What is mediation, and how is it different from a trial?
A: Mediation is a non-binding process in which a neutral third party helps both sides try to reach a voluntary agreement. In South Carolina, most personal injury cases are required to go through mediation before proceeding to trial. Unlike trial, mediation is private, flexible, and typically less adversarial.
Q: How does the jury decide the amount of compensation?
A: The jury considers several factors when determining damages, including:
- Medical expenses (past and future)
- Lost wages or earning capacity
- Pain and suffering
- Emotional distress
- Impact on quality of life
Your attorney will present evidence and arguments to support the highest possible award based on your injuries and losses.
In Conclusion: Be Informed, Involved, and Ready
Going to trial in a personal injury case can feel overwhelming, but knowing what to expect empowers you to play an active role. From jury selection to final verdict, every moment matters—and your attorney needs your input to present the strongest case possible.
South Carolina Personal Injury Trial Lawyer
If you’re facing trial for a personal injury case in Orangeburg, Columbia, Charleston, or anywhere across South Carolina, you don’t have to go through it alone.
Attorney Bill Connor brings battlefield-tested strategy and courtroom discipline to every trial he leads.
As a Retired U.S. Army Infantry Colonel, he understands the importance of precision and preparedness. Backed by an AV® Preeminent™ rating from Martindale-Hubbell® and millions recovered in verdicts and settlements, Bill is a trial attorney you can trust.
Ready to Take the Next Step?
Whether you’re preparing for trial or just beginning your personal injury claim, The Bill Connor Law Firm is here to help. Call us today for a free personal injury consultation and find out how we can fight for the justice and compensation you deserve.