How Does an Injury Lawsuit Work in North Carolina?

When you hire a North Carolina personal injury lawyer, the attorney will investigate the accident details to discover who was at fault. The lawyer may file an insurance claim and submit a demand letter on your behalf. If the insurance companies deny the claim or refuse to agree to a fair settlement, the attorney may file a personal injury lawsuit. The lawsuit includes discovery, during which the parties will exchange information. Most personal injury lawsuits are resolved without going to trial.

Taking legal action after experiencing a personal injury in North Carolina can seem complicated and overwhelming at first. However, having the guidance of an experienced personal injury attorney can make the entire process easier to understand and less stressful.

At The Law Offices of John Drew Warlick, P.A., our personal injury lawyers work closely with our clients to pursue fair outcomes. Here is what you can expect throughout the legal process.

What Is an Injury Lawsuit in North Carolina?

An injury lawsuit is a type of legal action that a person who is harmed by another person’s actions takes to seek compensation for their losses. The types of accidents that are often the center of personal injury cases include:

• Motor vehicle accidents
• Slip and fall accidents
• Defective product cases
• Dog bites
• Defective medical product cases
• Recreational vehicle accidents

To win a personal injury lawsuit, you must show that the other party’s negligence or wrongdoing caused you harm. For example, failing to stop at a red light or not correcting dangerous conditions in a retail store can qualify as negligent behavior.

What Are the Steps in an Injury Lawsuit?

There are several steps involved in pursuing a personal injury lawsuit. These include:

• Initial Consultation

The process of filing a personal injury claim starts with an initial consultation. A consultation is a type of meeting with a personal injury lawyer to discuss your case. During this consultation, you will:

• Provide information regarding your accident and injuries
• Provide any evidence that you have to support your claim
• Ask questions about the legal process

Our team listens carefully to your story and advises you on the best way to move forward.

• Investigation and Evidence Gathering

If you hire The Law Offices of John Drew Warlick, P.A. to handle your case, our team will get started immediately investigating your accident and gathering evidence. We will contact law enforcement for a copy of accident reports, contact your doctor for medical records, and reach out to those who witnessed the accident to take statements from them.

Our investigators go to the scene of the accident to look for surveillance footage and other forms of evidence that may support your claim. If necessary, our law firm will hire accident reconstruction specialists who can provide valuable insights into how the accident occurred. This information helps build a strong case and establishes the other party’s negligence.

• Sending a Demand Letter

If initial conversations with the insurance company don’t resolve the issue, your attorney will send a demand letter to the insurance companies representing the at-fault party. This letter lays out the facts of the case, describes your injuries, and specifies the amount of compensation you’re seeking to cover your medical bills, lost wages, and other expenses related to the accident. It signals that you’re serious about pursuing legal action if needed.

• Negotiations and Settlement Discussions

Many personal injury cases settle without going to trial. During negotiations, your personal injury attorney will advocate for a fair settlement that covers your medical expenses and other needs. This stage often includes back-and-forth negotiations to reach an agreement. If the other side refuses to agree to a fair settlement, your lawyer may recommend filing a lawsuit.

• Filing the Lawsuit

If negotiations do not lead to a resolution, our attorney may file a lawsuit on your behalf. This starts the formal legal process under North Carolina law, including the discovery phase, where both sides exchange evidence.

• Settlement or Trial

Most personal injury cases end in a settlement with a trial. Settling can save time and reduce uncertainty for both sides. If no agreement is reached, the case will proceed to trial, where a judge or jury decides the outcome.

How Long Can a North Carolina Injury Lawsuit Take to Settle?

The timeline for resolving personal injury cases varies. Some cases may settle within months, while others can take a year or more. The specific details of the case, the severity of the injuries, and the amount of financial recovery being sought may all play a role in how long it takes to conclude your lawsuit. Handling the claims process successfully requires patience and open, clear communication with your attorney.

What Sort of Damages Might Be Included in an Injury Settlement?

A settlement or court award can cover various types of damages. This can include economic damages and non-economic damages. Economic damages cover specific financial losses and may include:

• Your immediate and future medical expenses for treating your injuries.
• Your costs for replacing or repairing damaged property.
• Your lost wages during your recovery period.
• The loss of earnings if your injuries are permanently disabling.

Non-economic damages cover intangible, personal losses and may include:

• Loss of consortium
• Loss of companionship
• Loss of enjoyment of life
• Emotional distress and mental anguish
• Your physical pain and emotional suffering.

In cases that involve gross negligence, North Carolina law allows courts to award punitive damages if your case goes to trial. These damages are meant to punish the defendant for their willful, wanton, fraudulent, or malicious behavior.

How Long Do You Have to File an Injury Lawsuit in North Carolina?

In North Carolina, you have three years from the date of your injury to file an injury lawsuit. It’s important to act within the filing deadline because if you file your case late, the court will likely dismiss it without a hearing.

Contact a North Carolina Personal Injury Lawyer

When dealing with a serious personal injury, seeking the legal representation an experienced personal injury attorney can make a big difference. At The Law Offices of John Drew Warlick, P.A., we:

• Provide direct communication with you throughout your case
• Manage all aspects of your injury claim and dealings with insurance companies so you can focus on your recovery
• Have a proven history of results, including successful settlements for our clients
• Offer insight into unique situations, such as those involving military personnel.

If you’ve been injured in an accident and believe someone else is to blame, you should discuss the situation with an injury attorney. It won’t cost you a dime to understand your legal options. You may be entitled to file a personal injury lawsuit. Contact an experienced personal injury lawyer at The Law Offices of John Drew Warlick, P.A. in Jacksonville, N.C., for a free consultation about your case.

Visit Our North Carolina Personal Injury Law Offices