Are there jury trials in a car wreck case?
By John Landreth, Carolina accident lawyers Rock Hill SC
Were you or a loved one involved in a serious MVA or “motor vehicle accident?” What caused the wreck? Is the insurance company or the insurance adjuster for the other side challenging how much the medical bills were? Do you feel like you’re being treated fairly in your auto accident claim in Rock Hill SC?
We in the business of helping people hurt in wrecks. Sometimes that involves legal representation for preparing a demand package. Other times our law firm is required to file a lawsuit for money damages and take our personal injury case to trial. And sometimes, that involves arguing a matter to a York County SC jury. John Landreth
How our law firm handles personal injury matters in South Carolina.
Motorcycle wrecks and Trucking Accidents or other types of MVA “Motor Vehicle Accidents” occur every day in South Carolina. Some are minor fender-benders. Other accidents result in long-term and life-changing circumstances.
As such, there is no one “best way to handle an accident case.” Indeed, the only constant when it comes to how personal injury attorneys in Rock Hill SC handle accident cases is that every case, like every client, is different.
You have to be able to pivot. The best lawyers I know are critical thinkers when they analyze their case. That requires a tremendous amount of preparation and hard work. Good legal decisions are made after careful analysis of the facts and balancing those facts with the South Carolina accident laws.” John Landreth
Our goal is to make you whole. We spend a good amount of time and effort in analyzing our client and their life, visualizing who they were one minute before the accident.
It doesn’t matter if the collision involved a semi-truck wreck or car accident. As part of the legal representation, the first step is to analyze the client BEFORE THEY WERE HURT.
Experienced “Plaintiff’s Lawyers” or “Personal Injury Lawyers” ask questions like:
- What did you enjoy doing before the accident?
- Were you in good health?
- Did you work?
- How active were you?
That’s because accidents take things from people. If you have been hurt due to the negligence of another, you probably already understand that.
If someone wasn’t paying attention, crossed the center-line and hit you head-on, your car may have been totaled. You also may have been laid up from work, with no income coming in or way to provide for your family.
People hurt in car wrecks can have expensive, if not overwhelming at times, medical bills as a result of personal injuries. They may require continued care or treatment, like physical therapy. Maybe you’ve personally had your ability to move around or mobility taken from you. . .forever. We help people with legal claims like that.
Those are the type of “things” we’re talking about. The things that made you who you are and what were taken from you because of the negligence of someone else.
Why “making a client whole” after a serious car accident in South Carolina is so important
At our law office, it’s our job to try to get our client back to where they were BEFORE THE WRECK. . .if that’s possible.
There are accident cases that result in losses so substantial, so life-changing, that money damages obtained in a settlement agreement or after a trial will NEVER fully compensate a client for their losses or their pain and suffering.
We want to place you in the same position you were immediately prior to the wreck. Compensation relates to personal injuries resulting from an accident. Therefore personal injury lawsuits and insurance claims that will never be able to give a client a life free from pain. There are some traumatic injuries that change just about everything in life for our clients.
And if you’ve lost a loved-one, there is no amount of money that will bring them back. Money damages don’t suddenly make everything better. They just help our clients deal with their “life from here on out” in a way that is hopefully manageable.
Clearly, personal injury lawyers seek reimbursement or restitution for lost wages, both immediately following the wreck and if the client is permanently injured, for the rest of their life. They may be entitled compensation for disfiguring injuries. The “tortfeasor” (the person who caused the accident and who is found legally liable), most likely through their insurance company, is responsible for medical bills, emergency room visits, surgeries, special equipment, physical therapy, and long-term care plans.
Are there jury trials in South Carolina accident cases?
Yes, but as you likely can tell by now, it depends on the facts. It also depends in large measure on the reasonableness of the insurance company or the insurance adjuster.
Sometimes clients are worried about “suing someone,” not wanting to cause them financial hardship. That makes sense. Even after another person caused their injuries, people from the Carolinas still have an overwhelming desire to be civil, to be kind, and to think of others.
There are times and certain personal injury cases where personal liability may be possible. That can happen if the “adverse party” didn’t have car insurance. It also may result when there are substantial damages from a traumatic injury or brain injury or catastrophic loss accident claim and even if there was insurance, it just wasn’t enough to pay all the claims.
Personal injury lawyers Rock Hill SC look at more than just the person who caused the wreck, the ‘responsible party. We also carefully investigate the insurance policies of our clients, hoping to find additional coverage under a condition called “under-insurace” protection. The South Carolina accident insurance laws can be complicated at times.” John Landreth
The Constitution of South Carolina reserves the right to a Jury Trial. Rule 38 – Jury Trial of Right in South Carolina: Issues of fact in action for the recovery of money only or of specific real or personal property must be tried by a jury, unless a jury trial be waived.
If a jury trial is demanded consistent with Rule 38, the Clerk of Court and “trial calendar” in South Carolina shall be designated a jury trial. The issues of fact in personal injury cases in South Carolina are said to be, “Within the provence of the jury.” That means juries in South Carolina, when legally appropriate, decide what happened and who is responsible for an accident in SC. Judges decide the laws and what the South Carolina personal injury laws require regarding making rulings on evidence and trial procedure.
The parties MAY consent to waive the constitutional right to a jury trial in South Carolina. Issues of law or factual issues that have not been “demanded” to be heard by a jury are tried by the Court. Factual issues, when legally appropriate, may also be referred to a Master.
Under Rule 53 a “master” refers to a “master in equity” in South Carolina. There is also something called a “special referee” under the SC Civil Laws. Special Referees are attorneys, licensed through the South Carolina Bar, who have cases referred to them for disposition or review.
Masters and Special Referees have the same authority and powers to rule on matters as a circuit judge would have, in cases heard without a jury.
How much is my accident case Rock Hill SC worth?
That is based upon how willing the parties are to settle, meaning come to terms on who owes who money and how much. If a party decides that they would like to go to trial, to have a hearing to decide the amount of money they may get in a case, then a jury would come in, and based on the arguments in court, decide how much money a victim in a case would get.
If you need help, please give us a call.
Call John Landreth, Carolina Accident Lawyer Rock Hill SC NOW
Free Consultation 803-325-5806
John Landreth – Attorney at Law – Rock Hill and Fort Mill SC – Criminal and DUI Lawyer