October 17, 2024
The answer is not straightforward, as it depends on various factors unique to each case. Here’s an overview of what you need to know about the likelihood of going to court for a personal injury claim in North Carolina.
The short answer is: maybe. While some personal injury claims do end up in court, the vast majority are settled outside of the courtroom. Studies indicate that only about 5% of personal injury cases actually go to trial. Most claims are resolved through negotiations between the injured party (plaintiff) and the insurance company representing the at-fault party (defendant).
Read: What is the cap on medical malpractice damages in NC?
While most cases settle, there are situations where going to court may be necessary:
If there is disagreement over who is at fault for the accident, the case may need to go to trial for a judge or jury to determine liability. In North Carolina, the plaintiff must prove that the defendant's negligence caused their injuries, which can become contentious if both parties present conflicting evidence.
Even if liability is clear, disputes may arise over the amount of compensation owed. If the insurance company offers a settlement that you believe is insufficient to cover your damages, you may need to file a lawsuit and proceed to trial.
In cases involving multiple parties or significant injuries, litigation may be unavoidable due to the complexities involved in establishing fault and calculating damages.
If your personal injury case does proceed to court, here’s what you can expect:
In North Carolina, whether you need to go to court for a personal injury claim largely depends on the specifics of your case. While most claims are settled out of court, disputes over liability or damages can necessitate litigation. Engaging an experienced personal injury attorney can significantly enhance your chances of achieving a favorable outcome—whether through settlement negotiations or in court. By understanding these dynamics and working with legal professionals, you can navigate your personal injury claim more effectively and ensure that your rights are protected throughout the process.