704-377-3737
Many people assume that filing a personal injury claim automatically means going to court. In reality, most North Carolina car accident cases are resolved before a trial ever takes place. However, every case is different, and certain circumstances can increase the likelihood that a lawsuit will be necessary.
If you were injured in a car wreck, understanding the factors that influence settlement negotiations and trial decisions can help you better anticipate what to expect.
Do Most North Carolina Car Accident Cases Settle?
The majority of personal injury claims are resolved through settlement rather than a trial. Settlements allow both sides to avoid the time, expense, and uncertainty that often accompany courtroom proceedings.
A settlement may occur:
- Shortly after the claim is filed.
- During negotiations between the parties.
- After a lawsuit has been filed but before trial.
- During mediation, arbitration, or other settlement discussions.
Even when a lawsuit is filed, it does not necessarily mean the case will go to a jury.
What Factors Make a Trial More Likely?
While many cases settle, some disputes are more difficult to resolve than others.
A trial may become more likely when:
- The parties disagree about who caused the wreck.
- The insurance company disputes the severity of the injuries.
- Significant damage is involved.
- There are disagreements about the value of the claim.
- Multiple parties may be responsible.
In North Carolina, contributory negligence can also play a significant role. If the insurance company believes the injured person contributed to the collision in any way, it may be less willing to offer a settlement acceptable to both sides.
Does Filing a Lawsuit Mean the Case Will Go to Trial?
Not necessarily.
Filing a lawsuit is often part of the legal process when settlement negotiations have stalled or when important deadlines are approaching. Once a lawsuit is filed, both sides continue to gather evidence, exchange information, and discuss possible resolutions.
In many cases, settlement discussions continue throughout the litigation process. It is not uncommon for a case to resolve weeks, days, or even hours before a scheduled trial.
Why Some Cases Benefit From Trial Preparation
Even if a case never reaches a courtroom, thorough preparation can be important. Insurance companies often evaluate claims based on the strength of the available evidence and their assessment of what may happen if the case proceeds further.
Important evidence may include:
- Police reports.
- Medical records.
- Witness statements.
- Photographs and videos.
- Expert analysis when necessary.
A well-prepared case can help create opportunities for meaningful settlement discussions while ensuring that the client is prepared if a trial becomes necessary.
How Our Charlotte Personal Injury Attorneys Can Help
Our Charlotte personal injury attorneys at Dewey, Ramsay & Hunt, P.A. understand that many injured people are concerned about going to trial.
We evaluate each case individually, investigate the facts, gather evidence, and pursue the strategy that best serves our clients’ interests. Whether a case is resolved through settlement negotiations or requires litigation, our goal is to help clients make informed decisions throughout the process.
Contact Us to Get Help After a North Carolina Car Wreck
If you were injured in a car wreck in Charlotte or anywhere in North Carolina, you may have questions about your legal options and what to expect from the claims process.
Call 704-377-3737 or contact us today for a free consultation. We provide unique legal services tailored to each client’s needs and do not get paid unless you do.
Your Injury, Our Fight. How can we help you take a stand?
Because every case is different, the descriptions of awards and issues previously handled by our law firm do not guarantee a similar outcome in current or future cases.
