Understanding South Carolina Construction Accident Settlements vs. Trials

If you are here, you or someone you love may have been hurt in a construction accident in South Carolina. These accidents are scary, and they can leave you hurt, confused, and unsure of what happens next. You may be wondering how you will pay your medical bills, when you can return to work, and whether you should settle your case or go to trial. These are big questions, and it’s normal to feel overwhelmed. We understand how hard this time can be, and we are here to help you understand your rights and how to get the help you need.

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What happens after a construction accident

Construction accidents can happen fast and leave people with serious injuries. After a construction accident, the first step is always to get medical help. After that, you may need to talk to a lawyer who understands these kinds of cases. This is because construction accident cases are different from regular car accidents or slip and fall injuries. Many construction sites have many different companies working together, and sometimes it’s hard to know who is responsible for what happened.

There may be safety rules that were not followed, unsafe equipment, or people who were not trained to do their jobs safely. All of these things can cause accidents that hurt workers. When that happens, you may have the right to get money to help with your injuries and losses. This money can come through a settlement or a trial.

What is a settlement and how it works

A settlement is when both sides in a case agree to a fair amount of money to end the case without going to court. Most construction accident cases are settled this way. A settlement happens when your lawyer talks with the insurance company or the other side’s lawyer to work out a deal. This can happen early on, or after the case has been going for a while. If both sides agree, the case is over and you get the money.

Settlements are often faster than going to court. They can also be less stressful. You may not have to go to court, and you won’t have to wait for a judge or jury to make a decision. That can help if you need money for medical bills or if you’re trying to move forward with your life. But not every settlement offer is fair. Some insurance companies try to pay as little as they can. That’s why having a strong legal team can make a big difference.

Leland Malchow

Attorney - Partner

Chris Johnson

Attorney - Partner

Dane Anderson

Associate Attorney

Bailey Marshall

Associate Attorney

What a trial means in a construction accident case

Sometimes, the other side won’t offer a fair settlement. That’s when you may need to go to trial. A trial is when your case goes in front of a judge and jury. They listen to both sides and then decide what should happen. A trial can take longer than a settlement, and it may cost more. But in some cases, it’s the only way to get the full amount of money you deserve.

Going to trial can be scary, but it can also lead to a bigger result. If the other side knows that your legal team is ready to go to trial, they may decide to offer more money in a settlement. If your case goes to trial and wins, the court can order the other side to pay for your losses, including medical costs, lost work time, and pain and suffering.

What kinds of losses can be paid for

Whether your case is settled or goes to trial, you may be able to get money for many things. This includes doctor bills, hospital stays, therapy, lost wages if you can’t work, and pain or suffering from your injuries. If your injury is very serious and changes your life, the money you receive should reflect that. Every case is different, and the amount depends on how badly you were hurt and what it will take for you to recover.

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If the accident happened because someone was careless or didn’t follow safety rules, they may be held responsible. That means they may have to pay you for the harm they caused. Sometimes more than one person or company is responsible, and your legal team will work to find out who that is.

How long these cases can take

Some construction accident cases are over in a few months. Others take a year or more, especially if they go to trial. The timeline depends on how badly you were hurt, how clear the facts are, and whether the other side is willing to work out a fair deal. It also depends on how busy the court is and whether any part of the case is delayed.

During this time, your legal team will be collecting evidence, talking to witnesses, getting reports from doctors, and preparing your case. This work takes time, but it is very important. It helps make sure your case is strong and ready, whether you settle or go to trial.

Why having a legal team matters

Construction accident cases are not simple. There are often many rules and laws that affect who is at fault and how much money you can get. There may be workers’ compensation issues, third-party claims, or complex safety laws that apply to your case. A legal team that knows how to handle these cases can guide you through the process. They can tell you what your case is worth, talk to the insurance companies, and fight for the best outcome.

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Sometimes people try to handle their cases on their own. But that can be risky. Insurance companies may try to take advantage of you or get you to accept less than you need. They may even blame you for the accident. With the right help, you don’t have to face these things alone.

Knowing when to settle and when to go to trial

There is no one-size-fits-all answer to whether you should settle or go to trial. That decision depends on many things. Is the settlement offer enough to pay for your needs? Is the other side being fair? How strong is the evidence? What are the risks of going to trial? Your legal team will help you look at all these questions and make the choice that is right for you.

Sometimes, starting a trial helps lead to a better settlement. Other times, the only way to get full justice is to let a jury decide. Either way, you should feel supported and informed every step of the way. You deserve to know what is happening and to have someone on your side who will fight for you.

What makes construction cases in South Carolina different

Every state has its own laws, and South Carolina is no different. There are rules here about how long you have to file a case, what kind of claims you can make, and how workers’ compensation works. If you are hurt on a construction site in South Carolina, it’s important to have help from someone who understands these local rules. That way, you don’t miss important deadlines or lose out on money you deserve.

South Carolina also allows injured workers to sue someone other than their employer in some cases. For example, if a subcontractor or equipment company caused your injury, you may be able to bring a separate case against them. These types of claims can increase the amount of money you receive.

How you can prepare for your case

If you are hurt in a construction accident, you can help your case by keeping records. Save your medical bills, doctor notes, and any papers you get from work. Write down what happened, including where the accident took place, who was there, and what went wrong. If you can, take pictures of the scene and your injuries. These things can help show what happened and make your case stronger.

Also, be careful what you say to insurance companies. They may ask you to sign papers or give a statement. It’s usually best to talk to your lawyer first. They can tell you what to say and make sure your rights are protected.

You are not alone and we are ready to help

We know this is a hard time. You may be in pain, out of work, and unsure of where to turn. But you do not have to go through this alone. You deserve someone who will listen to you, answer your questions, and fight to get you what you need.

At Malchow Johnson Injury Lawyers, we have helped many people in South Carolina who were hurt in construction accidents. We know how to deal with the insurance companies, how to gather the right evidence, and how to take a case to trial if needed. We will be honest with you about your case and work hard to get you a result that helps you move forward.

If you or a loved one has been hurt in a construction accident and are wondering about a settlement or trial, reach out to us today. The team at Malchow Johnson Injury Lawyers is here to help you understand your choices and protect your future. Let us fight for the justice you deserve.

To learn more about this subject click here: Resolving Disputes in Construction Accident Claims: Mediation vs. Litigation

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