Damages, Settlements, & The Truth About Trial

No single book or document in North Carolina states what factors shape the damages in a case. This is one reason why the knowledge and experience of an attorney who can evaluate and present the case to the insurance company is a big driver in calculating damages.

Typically, attorneys examine:

• Any medical bills.
• The nature and length of treatment.
• Whether there was any missed work.
• The nature of the car crash.
• The nature of the evidence of the car crash, such as substantial physical evidence and witnesses.

Other factors come into play that can significantly alter the valuation of a case. What was the situation of the at-fault party? Were they intoxicated? Talking on their cell phone? Speeding? The calculation of damages in a personal injury claim is like building a house. A contractor cannot tell you how much a house will cost until they see the blueprints and understand where you want to build. Only then can they estimate the cost of building a house.

What Happens If You Can’t Reach A Settlement

If you cannot reach a settlement agreement with the insurance company, the next step in your personal injury case is to file a lawsuit. This formally starts the legal process…

In this phase of a personal injury case, the injured party’s attorney files a complaint. If it has not done so already, the adverse party’s insurance company would then hire an attorney who would then file an answer. Answers take approximately 70 to 80 days to be processed. After that, the case enters into discovery. During this part of the case, each side shares certain information with the other side, often about medical bills, what happened in the crash, and insurance coverage. Discovery typically takes about 120 days.

After discovery, the parties proceed to mediation. This is where the parties select a third-party professional to try to mediate or resolve the claim. Most cases that do not settle before litigation or the filing of a lawsuit settle at mediation. However, if the parties still cannot settle at mediation, the case would move to the trial docket. This is rare, however – many cases settle between mediation and trial while only about 5% of filed cases actually end up in court.

For more information on Damages & Settlements In A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (336) 999-0944 today.