The Litigation Process When Settlement Negotiations Fail
If a reasonable settlement agreement cannot be reached with the insurance company, the next step is litigation, which involves filing a lawsuit. The statute of limitations for personal injury cases varies, but in North Carolina, it is generally three years, with certain exceptions.
The Discovery Phase
Once the lawsuit is filed, the discovery phase begins. This includes exchanging interrogatories, which are written questions about the accident, medical history, and other relevant information. The defendant may request access to your medical records and social media history to look for evidence that might weaken your case. Therefore, it is crucial to avoid discussing your case on social media.
Depositions And Mediation
Depositions may be conducted by the defense attorney, during which both parties will be questioned about the accident, medical care, and medical history. After the discovery phase, a court-mandated mediation hearing will take place. In North Carolina, this hearing is conducted by a mediator, often a retired judge or experienced attorney, who will facilitate negotiations between both parties.
Reaching A Settlement Or Proceeding To Trial
During mediation, both parties will present their cases and discuss their respective positions on various issues. The mediator will then attempt to bring both parties to an agreement. If a settlement can be reached during mediation, the case will be resolved without going to trial. However, if an agreement cannot be reached, the case will proceed to a jury trial, and the outcome will be determined by the jury’s decision.
With the guidance of a skilled attorney for Auto Accidents, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Personal Injury Law Cases in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (919) 999-4462 today.