South Carolina’s climate and beautiful scenery make it a wonderful place to ride a motorcycle year-round. However, whether during a congested Bike Week or on an ordinary off-season day, riders are at risk of serious motorcycle accident injuries. After a crash injury, consulting with an experienced How a South Carolina Motorcycle Accident Case Works After You’ve Hired a Lawyer
If you've been involved in a motorcycle accident in South Carolina and have decided to seek legal help, it's essential to understand how the case progresses once you've hired a lawyer. Navigating the legal system can be complex, but with the proper guidance, you can increase your chances of obtaining the compensation you deserve for severe or common motorcycle accident injuries. Here are the critical steps involved in a South Carolina motorcycle accident case after you've hired an experienced motorcycle accident lawyer.
1. Attorney Consultation and Case Evaluation
The first step in the legal process is a thorough consultation with your attorney. During this meeting, you'll provide details about the accident, your injuries, and any available evidence. Your lawyer will assess the strength of your case and explain your legal rights and options.
2. Investigation and Evidence Gathering
Once you've hired a lawyer, they will initiate a comprehensive investigation into the motorcycle accident. This involves gathering evidence, such as accident reports, witness statements, photographs, and other relevant documentation. The goal is to build a robust case to support your claim.
3. Medical Records and Evaluation
Your attorney will work closely with medical professionals to assess the extent of your injuries and their impact on your life. Gathering medical records and expert opinions helps quantify the damages you've suffered, which is crucial for calculating potential compensation.
4. Identifying Liability
Determining who is at fault is critical to a motorcycle accident case. Your attorney will analyze the evidence to establish liability, whether it's the other driver, a third party, or a combination of factors. Understanding liability is essential for pursuing compensation.
5. Negotiating with Insurance Companies
One of your attorney’s primary responsibilities is negotiating with the appropriate insurance companies. This includes both your insurance company and the at-fault party's insurer. Your lawyer will advocate for your rights and seek a settlement that may cover your medical expenses, lost wages, pain, suffering, and other damages.
6. Filing a Lawsuit (if Necessary)
If negotiations with the insurance companies fail to yield a satisfactory settlement, your motorcycle accident attorneys may advise you to file a lawsuit. This formal legal action initiates the court process and must be done before the statute of limitations expires.
7. Discovery and Exchange of Information
If a lawsuit is filed, both parties engage in discovery. This phase involves exchanging information, documents, and evidence related to the case. Depositions, interrogatories, and document requests are common components of discovery.
8. Pre-Trial Settlement Discussions
Even during the litigation process, settlement discussions may continue. Both parties may explore opportunities to settle before the case goes to trial. Settling can save time and legal expenses while still providing a fair outcome.
9. Motorcycle Accident Trial
The case will proceed to trial if a settlement cannot be reached. Both sides present their arguments, evidence, and witnesses during the trial. The court’s decision will be based on the facts presented and applicable South Carolina law.
10. Verdict and Post-Trial Actions
Once the trial concludes, a verdict is rendered. If you are successful, you will be awarded compensation. If not, you have the option to appeal the decision. Your attorney will guide you through this process if necessary.
Our Experienced Motorcycle Accident Lawyers Will Fight for Your Fair Recovery
If you are injured in a motorcycle accident due to another's recklessness or hazardous road conditions, you may claim the damages you incurred due to the crash. Your compensation may include the following:
- Doctor and medical bills
- Permanent disability and scarring
- Physical therapy and rehabilitation
- Pain and suffering
- Lost wages, benefits, or self-employment income
- Damages to your motorcycle
While by law, you are entitled to compensation for your losses, the insurance company will try to minimize your serious injuries and the expenses you have incurred because of the accident.
