Understanding the Personal Injury Lawsuit

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Personal Injury Lawsuit
Understanding The
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• Chances are if youve ever had to make an
  insurance claim it was settled without the
  necessity of a lawsuit. The vast majority of all
  insurance claims are resolved through
  negotiations between insurance adjusters, the
  claimant or their attorney. Unfortunately the
  number of claims that find their way into the
  courtroom has increased. Presumably as a result
  of the recent economic downturn, insurance
  companies are under greater pressure to reduce
  the amount of money paid to satisfy claims.

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• Coupled with a trend of conservative jury
  verdicts in many parts of the state, insurance
  companies are more often willing to roll the
  dice at trial then to voluntarily pay more. The
  purpose of this article however, is not to
  analyze why claims end up in court, but rather to
  provide a general understanding of the procedure
  once a lawsuit is filed.

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In North Carolina, a lawsuit filed for injuries
and damages caused by the negligence of another
must be brought against the tortfeasor himself.
He or she becomes the defendant. Even though an
insurance company may ultimately be responsible
for any damage award, jurors deciding the case
will not know the identity of the insurance
company involved, the amount of the policy or
whether the defendant is even covered by
insurance.
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• Personal injury lawsuits are filed in the Civil
  Division of the courts. Depending on the amount
  being sought, the claim will be filed in either
  District Court (where the complaint seeks the sum
  less than 10,000) or Superior Court (where he
  complaint seeks a sum greater than 10,000). The
  pretrial procedure that follows is different
  depending on whether the claim is filed in
  Superior Court or District Court.
• Once a defendant is served with a copy of the
  lawsuit, they must file a pleading called an
  answer. In the answer, the defendant will either
  admit or deny each of the allegations of the
  plaintiffs complaint. Additionally, any
  affirmative defenses, cross-claims, or
  counterclaims should be raised by the defendant
  at this time.

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After the plaintiffs complaint has been served
and the defendant has answered, the parties will
usually at this point engage in what is called
discovery. Discovery allows both the plaintiff
and the defendant to gather information from the
other party to prepare for trial. Discovery can
take the form of either written questions called
interrogatories or through oral examination
called depositions. Either party may also request
the other party to produce documents such as
medical records, photographs and other materials
related to the case. There are limitations as to
the materials that must be produced. Any disputes
over the production of materials are handled by
filing a motion with the court to compel
production.
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Many counties require all District Court
claimants to participate in non-binding
arbitration. In non-binding arbitration, an
arbitrator who is appointed by the court holds a
mini trial of the case. Each party has
approximately 30 min. to present their case. The
arbitrator will listen to testimony, review
documents and render a decision. The decision of
the arbitrator may be appealed by either party
within 30 days. If neither side appeals to the
arbitrators decision, then the decision becomes
the final judgment in the matter and the case is
over. If either side appeals to the arbitrators
decision, then the case moves on to a full jury
trial. The decision of the arbitrator is not
admissible at trial.
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If a suit is filed in Superior Court the
procedure is slightly different. Many counties
require that the parties participate in
mediation. Unlike arbitration, the mediator does
not decide the case. There is no evidence or
testimony taken at the mediation. Instead, the
mediator simply tries through negotiation to
reach a settlement between the parties. If the
parties are able to settle the matter, and
agreement is drawn up and signed by the parties
in the case is over.

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Assuming that either pre-trial arbitration or
mediation has failed, the case moves forward to
trial. Absent a peremptory setting, cases appear
on a trial calendar usually in the order that
they were filed. Every county in North Carolina
has its own procedure and local rules that apply
to the calendaring of cases. Depending on the
county, cases are usually reached within a year
of the date that they are filed. It is not
uncommon however in more rural counties where the
court is not held as frequently four cases to
take much longer to be reached. Here is a link to
the current court calendars throughout the state.
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When you need a personal injury attorneys in
Charlotte, then you can contact on 704-850-6322.
Larry Price
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Contact - Price, Petho Associates
Address- 1430 Elizabeth Ave Charlotte, NC
28204 Phone No- 704-850-6322 https//www.pri
ceattorneys.com/contact-us/