How is a spinal injury lawsuit typically resolved?

A spinal injury lawsuit typically resolves in one of three ways: settlement, mediation, or trial. If the injured party and the defendant agree to a settlement, the defendant will agree to pay a specific amount of money to the injured party. This amount is often determined through negotiation. The settlement will include the cost of medical bills, lost income, and pain and suffering. Once the settlement is accepted, the case usually ends without a trial. If a settlement can’t be reached, the parties might choose mediation as a way to resolve the dispute. Mediation involves a neutral third party coming into the dispute and helping the two parties come to an agreement without having to go to trial. Mediation also helps the parties save time and money as well as having a better chance of resolving the situation. If no agreement is reached through settlement or mediation, a trial is the last resort. In a trial, both parties present their cases to a judge or jury and the judge or jury decides who is most at fault for the injury. If a defendant is found guilty, the judge or jury will decide on an amount to award to the injured party. In South Dakota, the spinal injury lawsuit process follows the same principles as any other lawsuit. The injured party must be able to prove that the defendant’s negligence led to the injury, and the process can end with either a settlement, mediation, or trial.

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