The majority of auto accidents never require a lawsuit. Even when attorneys are forced to file one, cases rarely see the inside of a courtroom.
This reality surprises most injured people who assume their case will automatically go to trial. The legal system operates on different principles than you might expect.
Your Medical Documentation Creates the Foundation
If you're in pain after an accident, your top priority is seeking medical treatment immediately. Do not delay.
When you visit the doctor, accurately report every injury and symptom you're experiencing. If your back hurts, tell them your back hurts. If you're experiencing headaches, mention the headaches.
Never tell a physician you're "okay" when you're actually in pain.
This medical visit accomplishes two critical objectives. First, you begin your path to healing. Second, you create official documentation of your injuries that directly connects them to the accident.
The Pre-Litigation Strategy Unfolds
Your attorney will contact all insurance companies and notify them of representation. From that point forward, the insurance carrier must channel all communication through your legal team.
You can focus on what really matters: healing.
After you complete medical treatment, your attorney collects all medical records and bills. You'll meet to discuss your case's strengths and weaknesses, plus a fair settlement amount.
Your attorney sends a settlement demand to the insurance carrier. This document explains how the collision occurred, why the other driver is at fault, and details your damages.
When Insurance Companies Force Your Hand
If the insurance carrier doesn't make a fair and reasonable offer (or an offer at all), they've given you no choice but to file a lawsuit.
But here's what most people don't understand: it's always your decision whether a lawsuit gets filed. Your attorney will explain the benefits and drawbacks, then get your consent before filing anything.
This decision point reveals the strategic calculation happening behind the scenes.
How Litigation Changes the Insurance Game
Once a lawsuit is filed, the insurance carrier almost always retains a defense attorney to defend the at-fault driver. This costs them money.
Filing a lawsuit typically means your case gets sent to a different adjuster at the insurance company. This person has more authority and can make higher settlement offers.
The higher-level adjuster weighs a multitude of factors, including but not limited to your attorney's experience, the defense costs, and what may be discovered through the litigation process.
Discovery Can Completely Flip Your Case Value
In South Carolina, both sides must share their evidence with each other. There are no surprises.
This happens through answering interrogatories and exchanging documents through requests for production.
Discovery can dramatically change your case's value. For example, you might discover the at-fault driver was texting while driving at the time of collision. You can accomplish this by subpoenaing that person's cell phone records.
Suddenly, what seemed like a standard rear-end collision becomes a case involving distracted driving with higher settlement potential.
The Real Economics Behind Your Decision
Your attorney will explain the pros and cons of moving forward with a lawsuit. Lawsuits cost money, so sometimes it doesn't make financial sense to file one.
The litigation process can easily take one year or more. These are crucial factors to consider when you're dealing with medical bills and want resolution.
Most law firms will pay all litigation costs upfront but need reimbursement from any proceeds received from the other party, whether through settlement or verdict.
If your injuries and damages aren't significant enough to warrant litigation costs, your attorney may recommend settling without filing a lawsuit.
This honest assessment protects you from spending more on legal fees than you could recover.
Understanding the Strategic Calculation
The decision between pre-litigation settlement and formal litigation comes down to economics and evidence.
Your attorney's experience on both sides of personal injury cases provides unique insight into how insurance carriers evaluate lawsuits. They know when carriers will increase offers and when they'll dig in for a fight.
Most cases resolve during pre-litigation because both sides recognize the costs and uncertainties of trial. The legal system's preference for settlement reflects practical realities about time, expense, and unpredictable jury outcomes.
Understanding these phases helps you set appropriate expectations about your case timeline, potential costs, and required personal involvement. Knowledge of how insurance companies think differently about pre-litigation versus litigation cases gives you power in the negotiation process.
Your case probably won't see a courtroom. But knowing when and why litigation becomes necessary ensures you make informed decisions about your legal strategy.
