North Carolina Car Accident Lawsuit
What Are the Steps in a North Carolina Car Accident Lawsuit?
A lawsuit over a car accident proceeds like most other civil lawsuits in North Carolina. Your lawyer will know what to do and can guide you through the steps to ensure you get the best outcome:
- Filing the complaint
The first step your lawyer will take is to file a complaint. This makes the lawsuit official and notifies defendants of the allegations against them. - Building the case
The complaint begins the period of discovery, during which the legal teams on both sides build a case. Your lawyer will continue to investigate the accident and use evidence and testimony to prove the at-fault driver was negligent and liable for your damages. - Trying to settle
Most North Carolina car accident lawsuits stop here. Defendants are usually willing to settle. Your lawyer will negotiate on your behalf, but if the offer is inadequate, you can proceed to a trial. - Going to court
If you go to trial, your lawyer will make your case in front of a judge and a jury. The defendants’ lawyers will try to refute the evidence and prove their client is not liable for your damages. The jury may find in your favor and award damages. - Fighting an appeal
If you win the jury award, the defendant may appeal that decision, taking it to a higher North Carolina court to overturn it. Your lawyer will make your case again in that court to try to uphold the verdict.
How Do I Know if I Should Go Through with a Lawsuit?
It’s not always easy to know if a lawsuit is worth the time and effort. The best person to advise you is a lawyer specializing in car accident and personal injury cases. Talking to a lawyer to get your questions answered and for advice should not cost you a dime. Avoid any attorneys charging to evaluate your case.
With a minor accident with only minor injuries and expenses, a lawsuit may not make sense. If you have big expenses and serious injuries and cannot get adequate compensation from the insurance company, you may want to sue. Another reason to start a lawsuit would be over a wrongful death if you lost a loved one in the accident.
Can it Be Too Late to File in North Carolina?
Yes, it can be too late. North Carolina’s statute of limitations on personal injury lawsuits is three years. You have three years from the time of a car accident and injuries to file. The court may allow some exceptions, but this is not typical.
What Evidence Do I Need to Prove My Case?
Your lawyer will do the work of building your case. They must prove that the other driver, or their employer, acted negligently, which resulted in the accident. They also have to show that the accident caused your injuries and resulting expenses.
While your lawyer is the expert in proving this, they will need some help from you. Any information and documentation you can provide will help. Your lawyer may as you for:
- Your recollections of the accident
- Any information you have on witnesses or other people involved in the accident
- Insurance information
- Police reports
- Your medical records and bills
- Information about how the injuries affect your life, such as your ability to work
What is My North Carolina Car Accident Lawsuit Worth?
This is a question your lawyer can answer, although they cannot promise you an exact figure. They use past experience, their legal expertise, and unique factors from your case to make an estimate.
The estimate for damages you may be able to recover is based on:
- Your medical expenses and bills
- What you expect to have to pay in the future for treatment and care
- Any disfigurement or disability that may be permanent
- Lost wages from being unable to work
- Lost future earning potential
- Pain and suffering
Examples of North Carolina Personal Injury Lawsuit Results
Filing a lawsuit is a big step. You may feel as if it isn’t worth your time. Past cases can’t predict what will happen with your lawsuit. They can, however, give you an idea of what the right lawyer could do to help you recover damages:
- $650,000 settlement for septic tank crash. The driver of a septic tank truck was rear-ended by a logging truck and suffered significant injuries. His lawyers helped him settle with the at-fault driver for $650,000.[1]
- $9.45 million settlement for fatal tractor-trailer accident. In a tragic accident in 2017, a family of four died from their injuries. A tractor-trailer hit their vehicle from the rear. Surviving family, with the assistance of their lawyers, secured a large settlement.[2]
- $500,000 settlement for drunk driving accident. Several victims and surviving families earned settlements totaling $500,000 after a 2013 accident on I-581. A drunk driver lost control of his car and sideswiped a tractor-trailer, which in turn struck another truck. Both truck drivers died in the incident, and several other people suffered property damage.[3]
- $2.1 million verdict for head-on crash. In 2015, a car crossed into oncoming traffic in Hoke County. The at-fault driver died, and the driver of the other vehicle suffered permanent injuries and chronic pain. Her lawyers took her case to court and won a jury verdict of $2.1 million, a record for the county.[4]
Let these cases serve as an example of what is possible. If you have suffered injuries because of a negligent driver, consider filing a North Carolina car accident lawsuit to get justice and to recover damages. The right lawyer can guide you through the process and give you the best possible outcome.