How Long Does a Personal Injury Lawsuit in North Carolina Take?
If you file a personal injury lawsuit in North Carolina, it could take a year or more to resolve. Several factors may affect the timeline, such as the quality of the evidence, defense delay tactics and the court’s caseload.
An experienced attorney can help you set realistic expectations for lawsuit outcomes so that you can make tentative plans for the future.
Factors Affecting How Long It Takes
It’s impossible to predict an exact turnaround time for a variety of reasons that often come as a surprise to people who haven’t been involved with the legal system before. .
Evidence Quality
The stronger the evidence, the more difficult it is for the negligent party to fight your claim. This may cause them to view the case as futile and settle outside of court. Sometimes, they might only realize how much evidence there is against them after you have filed a lawsuit and begun the discovery process. Nevertheless, parties can settle at any time.
Sensitivity
Some types of personal injury can cause embarrassment or damage to the reputation of the negligent party. They might fear public opinion or loss of customer trust if word gets out that their products, services, or properties caused injury to others. This could also lead to some settling quicker to avoid trial and keeping the case details confidential.
Complexity
Some cases are naturally more complicated than others, requiring additional resources like expert witnesses and depositions. Both parties may need extra time to gather evidence and prepare their arguments.
Willingness to Cooperate
Insurance companies profit by raking in premiums as much as possible and paying out as little as possible for claims. Consequently, they may employ several tactics to avoid payment. These could range from stalling and delaying responses to blatantly denying liability. Tactics like these could make negotiations more difficult and increase the odds of going to court.
Trial vs. Private Settlements
Cases that settle generally take much less time to be resolved. They do not involve the court, and parties have more control over the outcome. However, a trial may become necessary if the parties involved can’t reach an acceptable agreement. Trials typically take longer due to the strict deadlines and formal court procedures.
Court caseload
Even when cases go to trial, some resolve faster than others. A significant contributing factor is the number of pending cases the court has to handle. Parties may also request an extension, citing the need for more time to review information or witnesses. These all further delay the process.
What to Expect During a Personal Injury Lawsuit
Understanding the process can also help you set realistic expectations for how long the lawsuit might take. No two cases are identical, but most follow a similar process.
Filing the Lawsuit
After gathering evidence and consulting with your attorney, you or they may file the personal injury lawsuit in state district court or federal court. The defendant then receives notification that you’re suing them for damages related to their negligence.
Discovery Process
This is where lawyers on both sides exchange information relevant to the case. Information may include depositions from witnesses, interrogatories (written questions), and document requests. Both parties must comply with deadlines set by the court.
Mediation/Settlement Negotiations
Parties may agree to attempt mediation to resolve the case before trial. A mediator assists both sides in reaching a settlement agreement. If successful, neither party has to go through a potentially lengthy and costly trial.
Trial Preparation
Your attorney will prepare for trial if mediation or negotiation doesn’t lead to an agreement. Trial preparation typically involves reviewing evidence, gathering witness testimonies, and developing arguments.
Trial
A trial usually takes place several months after filing the lawsuit. Both parties make their arguments and present evidence to a judge or jury. The decision is then made, and the court awards damages, if any.
Appeal
If either party is unhappy with the verdict, they may appeal to a higher court. This could add many months or even years to the case’s timeline.
How Rhine Law Firm Can Help
We go above and beyond to help our clients get the justice they deserve in a timely manner. Compensation can’t undo injuries or bring back loved ones. Still, it does provide the financial means to cover medical bills and ensure dependents get the care they need. It also holds negligent persons accountable, so they think twice before making the same bad decisions again. Our commitment to our clients and attention to detail has helped us recover millions of dollars for clients, including several multi-million-dollar wins. Contact our personal injury lawyer today to see what we can do for you.
About Us
Rhine Law Firm, P.C. serves clients throughout North Carolina and nationwide, specializing in complex civil litigation led by Joel Rhine. With expertise in personal injury, car accidents, property damage, sex abuse, and more, the firm is passionate about taking on challenging cases. They emphasize providing personalized legal representation, prioritizing their clients’ best interests while offering state-of-the-art legal strategies. Rhine Law Firm’s dedicated attorneys enjoy the fight for justice and are committed to guiding clients through complicated legal processes. The firm offers free consultations, flexible appointment scheduling, and Spanish language services.
