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What to Expect During a Personal Injury Lawsuit: A Step-by-Step Guide

A wooden gavel rests beside an open book with scales of justice and stacked books in the background on a wooden table.

Suffering an injury due to someone else’s negligence can be a stressful and overwhelming experience. If you’re considering filing a personal injury lawsuit in South Carolina, understanding the process can help ease your concerns and set expectations. At CFJ Injury Lawyers, our experienced attorneys, Catherine F. Juhas and Eric Saleme, have successfully represented injury victims across North Charleston and beyond, ensuring they receive the compensation they deserve. With over 40 years of combined experience, our firm is dedicated to guiding clients through every step of the legal process with clear communication, personalized attention, and aggressive advocacy.

Step 1: Initial Consultation

The first step in a personal injury lawsuit is meeting with a qualified attorney. At CFJ Injury Lawyers, we offer a free consultation where we:

  • Review the details of your case
  • Assess potential claims and damages
  • Explain your legal rights

Our firm takes a client-centered approach, ensuring that each case is given the time and effort it deserves. Catherine F. Juhas, an experienced litigator and adjunct professor at Charleston School of Law, understands how to build a strong legal strategy, while Eric Saleme’s bilingual skills allow him to effectively represent Spanish-speaking clients, ensuring clear communication for all.

Pro Tip:

In South Carolina, personal injury claims must be filed within three years from the date of the injury, according to the state’s statute of limitations. Acting quickly can make a significant difference in the outcome of your case.

Step 2: Investigation and Gathering Evidence

Once we take on your case, our legal team will conduct a thorough investigation, which includes:

  • Collecting medical records
  • Gathering police reports and accident details
  • Interviewing witnesses
  • Consulting with experts when necessary

Our attorneys leverage decades of legal experience to ensure no stone is left unturned. With Catherine F. Juhas’s extensive knowledge of legal research and Eric Saleme’s diverse background in handling complex cases, our firm is prepared to fight for the maximum compensation you deserve.

Step 3: Filing the Lawsuit

If a fair settlement cannot be reached through negotiations, your attorney will file a formal lawsuit against the responsible party. This includes:

  • Drafting and filing a Complaint (legal document stating your claims)
  • Serving the defendant (the at-fault party) with the lawsuit
  • Awaiting their legal response

At CFJ Injury Lawyers, we handle all the legal complexities so you can focus on your recovery. Our team keeps clients informed at every stage, ensuring that they never feel lost or confused about what comes next.

Step 4: Discovery Process

During discovery, both sides exchange evidence and information. This step may involve:

  • Depositions (formal statements under oath)
  • Interrogatories (written questions that must be answered)
  • Document requests (medical records, employment records, etc.)

We believe that preparation is key to success. Our legal team meticulously prepares discovery materials, ensuring that every piece of evidence supports your claim and strengthens your case.

Step 5: Negotiations and Mediation

Many personal injury cases settle before trial. Your attorney will negotiate with the opposing party to reach a fair settlement that covers:

  • Medical expenses
  • Lost wages
  • Pain and suffering

At CFJ Injury Lawyers, we are skilled negotiators who understand the tactics insurance companies use to minimize payouts. We fight tirelessly to secure the compensation our clients deserve.

In South Carolina, over 95% of personal injury cases settle before going to court, which saves time and legal costs. However, if negotiations fail, the case will proceed to trial.

Step 6: Trial (If Necessary)

If a settlement cannot be reached, your case will go to trial. This process includes:

  • Jury selection
  • Presentation of evidence
  • Witness testimonies
  • Closing arguments

A judge or jury will determine liability and compensation. Our firm has extensive courtroom experience, and we are prepared to aggressively advocate for your rights in front of a judge and jury. With Catherine F. Juhas licensed in South Carolina, North Carolina, Washington D.C., and the U.S. District Court of South Carolina, our firm has the capability and credentials to handle complex litigation effectively.

Step 7: Receiving Your Compensation

If you win your case or reach a settlement, compensation will be awarded to cover your damages. CFJ Injury Lawyers will handle the legal logistics, ensuring you receive your funds promptly. Our team remains available to answer any post-settlement questions and ensure that all financial matters are handled efficiently.

South Carolina Personal Injury Statistics

  • Car Accidents:

According to the South Carolina Department of Public Safety, there were 141,096 crashes in 2022, with 1,091 fatalities.

  • Workplace Injuries:

The Bureau of Labor Statistics reported that South Carolina had 2.2 injuries per 100 full-time workers in 2022.

  • Medical Malpractice:

Medical negligence claims in South Carolina have increased by 15% over the past five years.

Frequently Asked Questions

Q: How long does a personal injury lawsuit take in South Carolina?

A: The length varies. Some cases settle in a few months, while others take years, especially if they go to trial.

Q: Do I have to go to court?

A: Most cases settle out of court, but if negotiations fail, your case may go to trial.

Q: How much does it cost to hire a personal injury lawyer?

A: CFJ Injury Lawyers work on a contingency fee basis, meaning you pay nothing unless we win your case.

Q: What if I was partially at fault?

A: South Carolina follows a modified comparative negligence rule. If you are less than 51% responsible, you can still recover compensation, though it will be reduced by your percentage of fault.

Why Choose CFJ Injury Lawyers?

  • 40+ years of experience handling personal injury claims in North Charleston
  • Multilingual representation, including Spanish-speaking services
  • Strong client reviews, with clients praising our clear communication and dedication
  • Top-tier legal education, with attorneys trained at Charleston School of Law and McGill University
  • Aggressive legal representation, ensuring insurance companies and negligent parties are held accountable

If you or a loved one have been injured and need guidance, contact CFJ Injury Lawyers today for a free consultation. Let us help you secure the justice and compensation you deserve. With our experience, dedication, and deep understanding of South Carolina personal injury law, we will be with you every step of the way.

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