What happens if my personal injury case doesn't settle?

If you've been hurt in a personal injury accident in Charleston caused by a negligent party, you may be entitled to compensation from their insurance company. Even if you have a straightforward claim, settlement talks may break down if they refuse to offer you a fair settlement. What happens next? 

Our experienced Charleston personal injury lawyers at the Law Office of Sean M. Wilson understand how frustrating a stalled negotiation can feel. But a rejected settlement doesn't have to mean a dead end. In fact, it could be a chance to build an even stronger case. Here's how the litigation process works after initial talks fail and how our skilled legal team can make all the difference in the outcome of your personal injury case.

Step # 1: Filing a Formal Complaint If a Personal Injury Settlement Falls Through

If someone’s negligence caused your injuries, you may be able to pursue a personal injury case against them. At the Law Office of Sean M. Wilson, we have helped clients with many types of personal injury claims, including car accidents, truck accidents, boating accidents, dog bites, and premises liability cases.

When you retain us, we will investigate your accident, collect the evidence you need to prove your personal injury case, and try to negotiate a settlement with the negligent party’s insurance company. However, if a settlement can't be reached, our knowledgeable personal injury lawyers won’t give up. 

Our legal team will file a complaint in civil court. This legal document does more than demand a jury trial. It will also:

• Identify all responsible parties, including individuals and businesses
• Explain how their negligence caused your accident and injuries 
• Document your injuries and losses in detail
• Preserve your right to seek full compensation before the three-year statute of limitations to file your lawsuit under South Carolina Code § 15-3-20 expires

Our personal injury lawyers will tailor your complaint to present your unique case from the start of litigation. At the Law Office of Sean M. Wilson, we go beyond boilerplate filings to craft compelling, fact-driven complaints that set the stage for a jury trial.

Step #2: Serving the Defendant and Reviewing Their Answer

Once we file your lawsuit, we’ll serve the defendant with a copy. Their attorney will file an answer. Don’t be surprised if they file a boilerplate answer denying all the allegations in the complaint. 

Step #3: Building Your Strongest Case Through Discovery

Discovery is the fact-finding phase of personal injury litigation. It may be the most extended phase of your personal injury case. During this crucial period, both sides have the power to compel evidence sharing, including:

• Exchanging relevant documents and records
• Answering written questions under oath
• Giving sworn testimony in depositions

Our skilled personal injury lawyers will use the discovery tools strategically to strengthen your case at every turn. Through aggressive investigation and incisive questioning, the Law Office of Sean M. Wilson can uncover the full story, gather crucial evidence, secure key testimony, and expose the other side's weaknesses before trial.

Step #4: Attempting to Resolve Your Personal Injury Case Through Settlement Negotiations and Court-Ordered Mediation

Throughout the litigation process, our lawyers will attempt to negotiate a settlement that fully compensates you for your past and future damages. In addition, most Charleston judges require the parties to try to resolve personal injury cases through court-ordered mediation before trial. In this confidential negotiation, a neutral third party helps both sides find common ground and reach a settlement. 

A successful mediation takes creativity, open communication, and a firm command of the facts. With attorney Sean M. Wilson and his legal team by your side, you'll have an advocate who knows how to balance collaborative problem-solving with relentless commitment to your best interests.

Many cases are settled either through negotiations during the litigation process or court-ordered mediation. However, if this doesn’t happen in your case, our legal team is prepared to take your case to the next stage of litigation.

Step #5: Fighting for Your Recovery at a Jury Trial

If no resolution can be reached, your case will proceed to trial before a jury. To secure the verdict you deserve, you'll need a lawyer who is as confident in the courtroom as they are in negotiations.

At the Law Office of Sean M. Wilson, we never shy away from arguing our clients’ cases at trial. Our dedicated trial lawyers will present your case with clarity, conviction, and command of the law. From opening statement to final argument, we'll be your unwavering voice for the accountability and justice you deserve.

Your Charleston Personal Injury Case Doesn't End with a Rejected Settlement

When a personal injury settlement fails, you still have options. With our fierce litigators in your corner, a breakdown in talks could be the breakthrough your case needs.

If you've been injured in Charleston due to another party’s negligence, don't let a stalled settlement derail your recovery. At the Law Office of Sean M. Wilson, we’ll keep your case moving forward and take all necessary steps to get you the results you deserve.