Charlotte Injury Lawyers Blog
How to File a Personal Injury Lawsuit in North Carolina
When you or someone you love is hurt in an accident, your entire life may change. The injuries may be severe and could be permanent. The costs associated with your injuries may be astronomical. The negligent person responsible for your injuries should pay for all the costs associated with them. You may need to take legal steps to help resolve the matter and get the money you are owed. An experienced personal injury attorney will help you through the process.
Determine Your Damages
Before you can move forward with a personal injury claim, you will need to understand your damages. Damages include any economic and non-economic costs that were due to the negligence of another. Economic damages include medical bills, rehabilitation costs, and lost wages, among others. Non-economic damages are those that do not have a set value, such as money for pain and suffering and loss of consortium. It is important to keep detailed records of doctor visits and medical expenses to prove your damages.
Work Toward a Settlement
Most personal injury lawsuits are resolved before going to court with a settlement. A settlement is an
agreement between both parties that provides you with compensation for your injuries. Before you file a lawsuit, it may be a good idea to try to facilitate a settlement. The first step in the process is to send a demand letter, which includes supporting documentation. The defendant may accept the demand, may make a counteroffer, or may decline. If parties cannot come to an agreement, you may need to file a lawsuit.
File a Lawsuit
A lawsuit or complaint is a formal civil legal action through the court system. The lawsuit sets forth the basis of the claim and provides some details about the matter. The defendant may file a response to the claim or may file a counterclaim. If the defendant fails to respond, the judge will likely rule for the plaintiff. The law limits the time to file a personal injury claim, so you will need to take that into consideration. In most car accident cases, you must file a claim within three years of the occurrence of the injury.
Discovery of Evidence
Once a lawsuit begins, both parties will begin the discovery process. This includes gathering of evidence, deposing witnesses and experts, obtaining medical and other records, and more. Both parties are required to disclose evidence in the case. Evidence is the basis of your claim, so it is a critical part of the process. Your attorney may provide you with options depending on the strength of the evidence in the case. In some instances, the evidence may be weak, so it may be best to try to settle the case before going to court.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) refers to a variety of methods that are utilized to resolve legal disputes. The two main types of ADR used in personal injury lawsuits include mediation and arbitration. North Carolina requires parties involved in lawsuits to participate in ADR. When parties cannot reach an agreement through ADR, the case may proceed to court.
A personal injury lawsuit can be complex, and you will want to have a proven personal injury attorney represent you. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 for a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.law.cornell.edu/wex/alternative_dispute_resolution
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