What to Expect During a Personal Injury Claim in North Carolina

Before a personal injury lawsuit ever reaches the courtroom, there is a critical period known as the pre-litigation phase. For many clients, this stage can determine whether a case settles quickly or proceeds to formal litigation. Here’s what you can expect during this important process in North Carolina.

1. Initial Consultation and Case Evaluation

• Meet with an Attorney: Your journey starts with a free consultation where you discuss the details of your accident, injuries, and losses.
• Case Assessment: The attorney reviews your documents, such as accident reports, medical records, photos, and correspondence with insurers, to evaluate the strengths and potential value of your claim.

2. Investigation and Evidence Gathering

• Collecting Evidence: Your legal team gathers all relevant evidence, including police reports, witness statements, medical records, photos, surveillance footage, and documentation of lost wages or expenses.
• Expert Consultations: In more complex cases, experts such as accident reconstructionists or medical professionals may be consulted to support your claim.

3. Calculating Damages

• Assessing Losses: Your attorney will thoroughly review your medical bills, lost income, pain and suffering, and other damages to determine a fair value for your claim.
• Future Needs: If your injuries require ongoing care or affect your ability to work, these future damages are also considered.

4. Sending a Demand Letter

• Demand Package: Once you’ve completed treatment for the injuries sustained in this accident, your legal team will compile the evidence and draft a demand letter. The demand letter outlines the facts of the case, liability, injuries, and the compensation you are seeking.
• Starting Negotiations: The demand letter is sent to the at-fault party’s insurance company and begins the negotiation process.

5. Settlement Negotiations

• Negotiation Process: Your attorney and the insurance adjuster exchange offers and counteroffers in an attempt to reach a fair settlement.

If a case is unable to be settled, your attorney may advise you to proceed with filing a lawsuit. However, most personal injury cases are better settled before reaching the court room. Settling a case prior to litigation can result in faster case resolution, lower costs, great control over the case, and privacy.