When it comes to the timeline of a personal injury or wrongful death case, it’s important to recognize that each case is unique, and multiple factors will influence the duration. 

At L. Sherril Law, we prioritize transparency, so let’s break down some of the key steps and what you might expect in each phase:

Initial Case Evaluation and Investigation

When you first contact our office, we conduct a thorough case evaluation, which includes gathering relevant information about the incident, your injuries, and any evidence that will support your claim. 

This stage can take anywhere from a few days to several weeks, depending on the complexity of the case and the availability of key information. During this phase, we may also reach out to witnesses, collect photographic evidence, and obtain any police or incident reports.

Medical Treatment and Recovery

For personal injury cases, it’s essential that you reach a stage of “maximum medical improvement” (MMI) before we proceed to settle your claim. MMI is the point at which you’ve either fully recovered or achieved the best possible recovery outcome. 

This ensures that we accurately assess the full extent of your medical costs, including any future expenses. The time required for this stage will vary based on the severity of the injuries, but it could span several months to a year or more.

Negotiation with Insurance Companies

Once we have a comprehensive understanding of your medical situation, we enter into negotiations with the insurance companies involved. Insurance companies often start with lower offers, so we work diligently to ensure you receive a fair settlement. 

This negotiation process could last a few weeks or several months, depending on the responsiveness of the insurance companies and the complexity of the claim.

Filing a Lawsuit (if necessary)

If a fair settlement cannot be reached, we may need to file a lawsuit. Filing does not necessarily mean that the case will go to trial; often, it serves as a strong motivator for the other party to reconsider their offer. 

Once a lawsuit is filed, the case enters a pre-trial phase called discovery. During discovery, both sides exchange information, which might involve depositions, interrogatories (written questions), and document requests. 

Discovery itself can take six months to a year, or more, depending on the case and court schedule.

Trial or Settlement

If the case proceeds to trial, the timeline will depend on the court’s schedule and the trial’s complexity. Trials are often scheduled several months or even a year after discovery concludes, and the length of the trial can vary from a few days to several weeks. 

However, many cases settle even after the lawsuit is filed and before a trial date is set. Settlements can occur at any point, including on the eve of trial.

Average Timeline Expectations

For most personal injury cases, you can expect the timeline to range from several months to a year or longer. 

Wrongful death cases, due to their sensitive and often complex nature, can take one to two years or more to reach a resolution, especially if a trial is involved.

At L. Sherril Law, our focus is on obtaining the compensation you deserve while also moving as efficiently as possible. We keep you informed at every step so you know exactly what to expect and where we are in the process. 

To learn more about how Attorney Davis can assist you in every step of your personal injury or wrongful death claim, please give us a call at (803) 833-0008.

Determining the value of a personal injury or wrongful death case involves examining multiple factors to ensure all aspects of your losses are considered.

At L. Sherril Law, our goal is to secure a fair and comprehensive settlement or verdict that reflects the full extent of your damages, both economic and non-economic.

Here’s a breakdown of how we assess case value in these types of claims:

Economic Damages: Concrete Financial Losses

Economic damages are the easily quantifiable costs directly related to the incident and injuries. These include:

• Medical Expenses: We calculate past and projected future medical costs associated with the injury or fatality. This includes emergency care, surgeries, medications, rehabilitation, and any specialized treatments. For wrongful death cases, medical expenses incurred before death are also included.
• Lost Wages: If your injuries prevent you from working, we factor in your lost wages or reduced earning capacity. In wrongful death cases, this includes the decedent’s future income that would have supported their family.
• Funeral and Burial Expenses: In wrongful death cases, necessary funeral and burial costs are recoverable. We account for these expenses to alleviate the financial burden on grieving families.
• Property Damage: If your case involves damage to a vehicle or other property, we include the cost of repair or replacement in the claim.

Non-Economic Damages: Intangible, Yet Significant Losses

Non-economic damages are more subjective but no less critical to a fair recovery. These can include:

• Pain and Suffering: Physical pain, emotional distress, and mental anguish are compensable in personal injury cases. We work with you and sometimes consult experts to accurately convey the impact of these experiences on your quality of life.
• Loss of Consortium: For wrongful death cases, family members can claim compensation for the loss of companionship, guidance, and emotional support the decedent would have provided. These damages help recognize the deep personal loss family members endure.
• Loss of Enjoyment of Life: Severe injuries can affect your ability to enjoy activities and hobbies. In these cases, we seek compensation for this loss, helping account for a drastically altered lifestyle.

Punitive Damages: Addressing Severe Negligence or Misconduct

In certain cases, punitive damages may be available. Unlike economic and non-economic damages, which are meant to compensate, punitive damages are intended to punish the wrongdoer and deter future misconduct.

South Carolina courts may award punitive damages when the responsible party’s actions are proven to be especially reckless or intentionally harmful.

Supporting Your Claim with Evidence and Expert Testimony

To determine and support the value of your claim, we gather extensive documentation and may work with experts, including medical professionals, vocational specialists, and accident reconstruction experts.

Medical records, employment records, bills, photos, and personal testimonies all contribute to a clear picture of your losses.

Average Settlements and Variability

While some cases follow patterns, each claim is unique.

Minor personal injury cases may settle for a few thousand dollars, whereas more severe injuries or wrongful death cases can result in significant settlements or verdicts, sometimes reaching hundreds of thousands or even millions of dollars.

At L. Sherril Law, we work to maximize your recovery, drawing from our experience to ensure that no detail is overlooked in calculating the value of your case. 

To learn more about how Attorney Davis can assist you in every step of your personal injury or wrongful death claim, please give us a call at (803) 833-0008.

In personal injury and wrongful death claims, gathering and presenting evidence is crucial to proving both liability (who’s at fault) and damages (the extent of harm caused). 

Here’s a look at the types of evidence we prioritize at L. Sherril Law and how each plays a role in building a compelling case for you.

Evidence Types and Their Importance

1- Medical Records and Bills

Medical records are essential in personal injury and wrongful death cases. They detail the nature of the injuries, treatments received, and long-term prognosis, creating a direct link between the accident and the harm suffered. Medical bills also quantify the financial burden, showing what treatments have cost and what future medical expenses may be.

2- Police and Accident Reports

Police or accident reports are often the foundation of a case, providing an official narrative of the incident. These reports document details such as the time and location of the accident, initial assessments of fault, any citations issued, and often include eyewitness statements. In wrongful death cases, the police report may contain crucial information about the circumstances that led to the loss.

3- Witness Statements

Witnesses can offer invaluable perspectives on the incident, especially if they saw the events leading up to the accident or the aftermath. Witness statements support claims about fault and also corroborate the impact of injuries or emotional distress. Witnesses who knew the deceased can sometimes provide insights into how the loss has affected loved ones.

4- Photographs and Video Evidence

Visual evidence, such as photographs and videos of the accident scene, vehicle damage, or the injuries sustained, provides powerful support in both proving fault and the severity of damages. In today’s digital age, many accident scenes are captured by traffic cameras, security footage, or even smartphone recordings, which can be crucial in cases where fault is disputed.

5- Expert Testimony

Expert witnesses strengthen a case by providing technical insights that help clarify complex issues, such as medical prognosis, accident reconstruction, or economic impacts. For example:

• • Medical Experts can explain the nature of injuries, possible complications, and long-term treatment needs. In wrongful death cases, they can detail how the injuries likely led to the individual’s passing.
  • Accident Reconstruction Specialists can analyze the accident details to recreate what happened, identifying points of impact, speed, and other factors that indicate fault.
  • Financial and Economic Experts can calculate the financial impact of an injury or death, including lost wages, future earning capacity, and the economic value of a wrongful death claim for dependents.
    Employment and Income Documentation
  • In both personal injury and wrongful death cases, proving lost income or diminished earning capacity is essential. Employment records, pay stubs, tax returns, and other income documentation demonstrate the financial impact. This is especially crucial in wrongful death cases, where survivors may rely on the decedent’s income.

6- Daily Journals and Testimonies from Family Members

For non-economic damages like pain and suffering, a journal detailing daily struggles or testimonies from family members can paint a vivid picture of the emotional and physical toll. In wrongful death claims, family members can speak to the loss of companionship, guidance, and support, adding a human element to the case.

How We Use Evidence to Strengthen Your Case

At L. Sherril Law, we meticulously gather and organize evidence to build a compelling argument for your claim. We leave no stone unturned, obtaining all relevant records, consulting with experts, and preparing exhibits for potential settlement discussions or trial. 

We aim to demonstrate not just that harm occurred but also the full extent of the impact on your life or the lives of surviving family members.

From securing police reports and medical records to engaging expert witnesses, we ensure that each piece of evidence aligns with the legal standards of South Carolina law, presenting a clear and convincing case to the insurance company, judge, or jury.

To learn more about how Attorney Davis can assist you in every step of your personal injury or wrongful death claim, please give us a call at (803) 833-0008.

Understanding the timeline of a personal injury or wrongful death case is important, as each phase in the legal process plays a role in determining how quickly or slowly a resolution can be reached. Here’s a step-by-step look at the stages involved and what clients can typically expect:

1. Initial Consultation and Case Evaluation

The process begins with a consultation, where Attorney Davis will assess the facts of your case and determine its viability. This includes discussing the circumstances of the accident, reviewing initial documentation, and answering any questions you may have about the legal process.

This consultation often takes place within days of contacting the firm and can usually be scheduled promptly.

2. Investigation and Evidence Gathering

Once you decide to move forward, we’ll begin a thorough investigation. This stage includes collecting evidence such as medical records, police reports, photos, video footage, and witness statements. It may also involve consulting experts, like accident reconstruction specialists or medical professionals, to strengthen your case.

Depending on the complexity of the case, this phase may last from a few weeks to several months, especially if we need to obtain extensive documentation or coordinate with expert witnesses.

3. Demand for Settlement

Once we’ve gathered and organized evidence, the next step is usually to submit a demand letter to the insurance company or responsible party. This letter outlines the damages suffered and the compensation amount requested.

We use this opportunity to present a compelling case for why you deserve the requested settlement. The timeline for receiving a response varies—sometimes, insurers reply quickly, within weeks, but in other cases, they may take longer, especially if they conduct their own internal investigation.

4. Negotiation Phase

Insurance companies may respond with a counteroffer, initiating the negotiation phase. In many cases, our goal is to reach a fair settlement at this stage to save you time, expenses, and the uncertainty of a trial.

Negotiations can last a few weeks to a few months, depending on the complexity of the case and the willingness of both parties to reach an agreement.

At L. Sherril Law, we keep you updated on every development during this stage to ensure you’re fully informed before making decisions.

5. Filing a Lawsuit

If negotiations stall or the offer is insufficient, we may recommend filing a formal lawsuit. Once filed, the case enters the court system, where the legal process follows specific timelines governed by South Carolina law.

After filing, both sides engage in discovery, a phase where each party exchanges evidence, takes depositions, and responds to formal questions (interrogatories).

The discovery phase alone can take six months to a year, depending on the case’s complexity.

6. Settlement Discussions and Mediation

Even after filing a lawsuit, many cases settle before going to trial. Mediation is a common step, where a neutral third party helps both sides negotiate a fair outcome.

Mediation is often quicker than a full trial, usually taking a day or two to complete, with the potential for an agreement reached on the same day.

At this stage, settlements are common as both sides may prefer to avoid the uncertainties of a trial.

7. Trial and Verdict

If no settlement is reached through negotiation or mediation, the case proceeds to trial.

Trials can last anywhere from a day to several weeks, depending on the evidence, witnesses, and complexity of the case.

After the trial concludes, the jury or judge delivers a verdict. While trials can provide a final decision, they also introduce unpredictability and added time, as some cases may proceed to appeal, delaying the final resolution.

Total Timeline

Personal injury and wrongful death cases may settle within a few months in straightforward situations.

For cases requiring extensive investigation or trial, it may take a year or more to reach a final resolution. At each phase, Attorney Davis works to move your case forward efficiently, balancing the need for a thorough, well-prepared case with the goal of achieving timely results for you.

To learn more about how Attorney Davis can assist you in every step of your personal injury or wrongful death claim, please give us a call at (803) 833-0008.

Calculating the value of a personal injury or wrongful death claim involves a careful analysis of many factors, as each case is unique. Here’s an in-depth look at how Attorney Davis and the team at L. Sherril Law approach this process:

1. Economic Damages: Documenting Financial Losses

The first step in evaluating a claim’s value is to calculate economic damages—the concrete financial losses directly tied to the injury or wrongful death. These damages often include:

• Medical Expenses: All medical costs related to the injury, from emergency care and hospital stays to surgeries, medications, and ongoing therapies, are factored in. Future medical costs for ongoing care or long-term rehabilitation are also considered if applicable.
• Lost Wages: If the injury prevents you from working, either temporarily or permanently, the loss of income during this time can be included in the claim. For wrongful death cases, the calculation often includes projected lifetime earnings to represent the financial contribution the deceased would have provided.
• Property Damage: In personal injury claims involving vehicle or property damage, the repair or replacement costs are also part of economic damages.

By thoroughly reviewing medical records, pay stubs, tax documents, and property repair invoices, we ensure all verifiable costs are documented to form a complete picture of your financial losses.

2. Non-Economic Damages: Accounting for Intangible Losses

Non-economic damages reflect the personal impact of an injury or wrongful death on your life, and they are calculated differently than economic damages because they involve subjective factors. They may include:

• Pain and Suffering: This accounts for physical pain endured because of the injury, as well as the emotional distress it has caused.
• Loss of Enjoyment of Life: When injuries prevent you from engaging in activities you previously enjoyed, such as hobbies or family events, this loss can be considered in the claim.
• Loss of Companionship: In wrongful death cases, surviving family members can seek compensation for the loss of a loved one’s companionship, guidance, and emotional support.

Since non-economic damages don’t have a fixed value, we often use a combination of factors—like the injury’s severity, expected recovery time, and the extent of life changes—to determine a fair amount. Attorney Davis understands how personal these losses are and will advocate to ensure they’re represented in your claim.

3. Punitive Damages: Pursuing Accountability for Gross Negligence

In some cases, South Carolina law allows for punitive damages, which are meant to punish the at-fault party for gross negligence or reckless behavior and to serve as a deterrent to others. These damages aren’t awarded in every case but may be applicable if, for example, the defendant’s actions were particularly egregious, such as in a DUI-related accident.

Punitive damages are calculated based on the degree of wrongdoing and the defendant’s ability to pay, and they are generally capped in South Carolina. Attorney Davis evaluates whether punitive damages apply and includes them in the claim if warranted.

4. Considering Comparative Negligence

South Carolina follows a modified comparative negligence rule, meaning that if you’re partly responsible for the incident, your compensation could be reduced by your percentage of fault.

For example, if you’re deemed 20% at fault, any award you receive could be reduced by that percentage. However, if you’re found more than 50% at fault, you would be barred from recovering damages.

Attorney Davis examines the facts of your case closely to mitigate any attempts by the opposing side to unfairly assign fault to you, ensuring that you receive the maximum compensation allowed under the law.

5. Assessing Long-Term Impact and Future Needs

In serious personal injury cases, we also consider how the injury will affect your future life. This assessment may include:

• Ongoing Medical Care: For permanent injuries, future medical expenses such as rehabilitation, long-term care, and medical equipment may be necessary.
• Future Lost Income: If your injury impacts your ability to work in the long term or forces you into early retirement, we calculate the potential lifetime income you could lose.
• Future Pain and Suffering: The ongoing impact of chronic pain or lifestyle changes caused by the injury is factored into the valuation.

Working with economists and medical experts, we ensure that these long-term costs are projected accurately, providing a full view of the compensation you deserve.

Contact L. Sherril Law for a Comprehensive Case Evaluation

At L. Sherril Law, we understand that valuing a personal injury or wrongful death claim is a detailed process requiring both skill and compassion.

Attorney Davis takes the time to discuss your goals, gather the evidence, and provide an honest assessment of your case value based on her in-depth knowledge of South Carolina law. 

To learn more about how Attorney Davis can assist you in every step of your personal injury or wrongful death claim, please give us a call at (803) 833-0008.