Personal Injury Claims in Charlotte: Filing a Lawsuit
When settlement negotiations fail, we take your NC personal injury claim to court
Sometimes settlement negotiations fail. In these cases, our Charlotte personal injury attorneys take your case to court to fight for what you deserve. Before we do that, we work to ensure your case is strong. This includes assessing any possible weak points, like pre-existing injuries, contributory negligence, and other issues. We’ll also prepare you for court, explain the entire process, and ensure you feel informed and confident.
Our lawyers have over 40 years of experience helping individuals and families secure compensation for the injuries and harm they suffered from another’s negligence. We want to help you, too. Get in touch with us today to find out what you need to do to file a personal injury lawsuit in Charlotte, North Carolina.
Frequently Asked Questions about filing a personal injury lawsuit
How do your attorneys evaluate a personal injury case?
At Price, Petho & Associates, we evaluate the strength of your personal injury case by considering several key factors. These may include:
- Liability. We look at who is at fault for your injury. If you are partially or wholly responsible for the accident, the case's outcome can be affected.
- Damages. We’ll also consider the extent of the injuries you suffered, including medical expenses, lost wages, and pain and suffering. If you sustained long-term or permanent injuries, we take that into account, too.
- Insurance coverage. Our attorneys determine the insurance coverage available to pay for the damages. This may include the at-fault party's insurance policy, the victim's insurance policy, or both.
- Strength of evidence. Another issue we take into consideration is the strength of the evidence available to prove liability and damages. This may include police reports, witness statements, medical records, and expert testimony.
- Venue. Another important issue is the jurisdiction where the case will be heard, as laws and procedures may vary by county.
- Contributory negligence. North Carolina is one of the few states that still follows the doctrine of contributory negligence, which is considered to be a harsh rule for plaintiffs. For example, if a driver is speeding and runs a red light, but the injured party is found to have been driving with a burned-out headlight, the injured party may be barred from recovering any damages, even if the other driver was clearly at fault.
It's important to work with an experienced personal injury attorney if you're pursuing a claim in Charlotte, as they can help you navigate our state's unique legal landscape and develop a strong case that establishes the at-fault party's liability and your own lack of contributory negligence.
What are the costs of filing a lawsuit in North Carolina?
Filing a personal injury lawsuit can be an expensive process, and the costs can vary depending on the nature and complexity of the case. Some of the costs associated with filing a lawsuit include:
- Court fees. Most courts charge fees for filing a lawsuit, which can range from a few hundred dollars to several thousand dollars, depending on the jurisdiction.
- Attorney fees. Hiring an attorney is often necessary for filing a lawsuit, and attorneys typically charge an hourly rate or a contingency fee, which is a percentage of the settlement or judgment obtained in the case. The personal injury attorneys at Price, Petho & Associates work on a contingency fee basis, which means you pay nothing unless you win.
- Expert witness. If expert witnesses are necessary to prove your case, you may need to pay for their services. These fees depend on the type of expert and the amount of time they spend on the case.
- Deposition. Depositions are legal proceedings in which witnesses give testimony under oath, and costs can include court reporter fees, transcript fees, and attorneys' fees.
- Filing and service costs. In addition to court fees, there may be additional costs associated with filing and serving legal documents, such as subpoenas or summonses.
Working with our lawyers on a contingency fee basis can help alleviate the upfront costs of filing a lawsuit and make it more accessible to those who may not have the resources to pay for a lawsuit upfront.
How long does a personal injury lawsuit take?
The length of a personal injury lawsuit can vary depending on a variety of factors, including the complexity of the case, the jurisdiction in which the case is filed, and the willingness of the parties to negotiate a settlement. In general, a personal injury lawsuit can take anywhere from several months to several years to resolve.
The initial phase of a personal injury lawsuit involves filing the complaint, serving the defendant, and conducting discovery, which can take several months. The discovery phase involves gathering evidence and taking depositions, and it can take several months or even years, depending on the complexity of the case and the number of parties involved.
After the discovery phase, the parties may attempt to negotiate a settlement through mediation or settlement conferences. If a settlement cannot be reached, the case will proceed to trial, which can take several days to several weeks, depending on the complexity of the case and the number of witnesses and evidence to be presented. Note: it is possible for a case to proceed through much of the litigation process before finally settling before trial.
It's important to note that every personal injury case is unique and may have its own timeline. Additionally, unforeseen events such as appeals, delays in scheduling a trial, and changes in judges can impact the length of the lawsuit. Working with a skilled Charlotte personal injury attorney can help you navigate the legal process with confidence and understand what to expect in terms of timeline and potential outcomes.
Do you have a personal injury lawyer near me?
Yes, we do. While our central office is located at 1430 Elizabeth Ave. in Charlotte, we have additional satellite offices located in Rutherfordton and in Rockingham. If you’re too ill to come to our office, we will make arrangements to see you at your home, a healthcare facility, or through a video conference.
Schedule an appointment with a Charlotte personal injury lawyer today
If you have been injured in an accident, it's important to seek the advice of an experienced personal injury lawyer as soon as possible. The skilled attorneys at Price, Petho & Associates can help you navigate the legal process, protect your rights, and pursue the compensation you deserve. To schedule a free consultation, call our offices or complete our contact form. Serving Charlotte, Rockingham, Rutherfordton, and North Carolina.