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When A Personal Injury Claim Becomes A Lawsuit?

Most personal injury claims can be handled without ever having to go to trial. However, if your personal injury claim does become a lawsuit, it will be helpful to understand the process and know what to expect. Now you might have questions like why might your claim become a lawsuit? how to file a personal injury lawsuit in North Carolina? For all your answers, contact a Charlotte personal injury attorney R Kent Brown. He will help you with each step of the process and may keep you from having to go to trial at all.

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When A Personal Injury Claim Becomes A Lawsuit?

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  1. Why Might Your Claim Become A Lawsuit?

  2. When you file a personal injury claim, typically against the insurance policy of the liable party, your attorney negotiates with the insurance company to come to an agreeable settlement amount that will cover your expenses and damages. Many insurance companies are becoming less and less accommodating when it comes to these negotiations. If the insurance company will not agree to a settlement amount that will cover your damages and compensate your losses fairly, then this is when it may be necessary to file a lawsuit.

  3. How To File A Personal Injury Lawsuit in North Carolina?

  4. The first step in your personal injury lawsuit, after hiring an attorney and failing to reach a settlement through initial negotiations, is to file a claim against the responsible party or tortfeasor, who is then the defendant in the case. If the compensation you are seeking is greater than $10K, you will file your claim with the Superior Court. If the compensation you are seeking is less than $10K, you will file your claim with the District Court. In either case, it will be filed with the Civil Division. Which court you file your claim with will determine how the pretrial process proceeds.

  5. The Next Steps In Your Personal Injury Lawsuit

  6. The defendant will be served with the lawsuit that you have filed, and they will have time to respond to the lawsuit by admitting to the allegations you’ve made or by denying them. If the defendant has any counterclaims or an affirmative defense, then they can include this in their response. Once the defendant has responded to the allegations, the period of discovery will begin. This is where each side has the opportunity to prepare for the trial and to investigate the case through depositions and interrogatories.

  7. How Can Personal Injury Attorney Help You?

  8. Your appeals can take a long time and the whole trial process is risky. This is why people will generally want to come to an agreement via negotiation before the trial. Your dedicated Charlotte personal injury attorneyR Kent Brown can help you with each step of the process and may keep you from having to go to trial at all. Contact Brown Moore & Associates to schedule a free consultation for your North Carolina personal injury claim.

  9. Contact Details 704-335-1500 930 East Blvd Charlotte, NC 28203

  10. Thank You!

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