If your case is in litigation then there will be an initial period where both sides exchange information about their cases, called discovery. During this phase of your case, each side will use different statutory methods of acquiring information from the other side. This helps give both sides a better understanding of the case as a whole. It prevents surprise, can narrow issues, and often leads to out-of-court settlements since both sides will now have a better picture of how the jury may view the case. Cases can evolve, for better or worse, during this phase of litigation. There are six discovery devices which can be used. (1) oral depositions, (2) written depositions, (3) interrogatories to parties, (4) production of documents and things, (5) physical or mental examinations; and (6) Admissions. Some of these are more commonly used than others, and it is important to note that each party bears his own costs of discovery.

Discovery: What are interrogatories?

Interrogatories are governed by Rule 33 of North Carolina’s Rules of Civil Procedure. Interrogatories are questions which one party may serve on another party, whether or not adverse, which are to be answered in writing under oath. Generally, they must be answered and returned within 30 days and there can be no more than 50 interrogatives/questions, including subparts of questions. If you are served with interrogatories we will help you answer them truthfully and in accordance with state law. There are many complicated legal issues regarding interrogatories which your attorney will help you navigate. For example, some interrogatories may be objectionable as they may request information which is outside the scope of discoverable information, privileged, calls for an opinion or conclusion of law, and many more. Your attorney will help you through this process as well as serve interrogatories on other adverse parties for you.

Discovery: What are requests for production of documents?

A party may serve on another party a request to produce and permit inspecting and copying, photographing, testing, and sampling of documents, papers, books, objects, tangible things, etc.; or entry onto land for the purpose of inspecting, surveying, testing, etc. A party served with such a request must serve a written response within 30 days. If the response is an objection or refusal to comply, the party submitting the request may move for an order directing production or entry. In personal injury cases, these requests are common for medical records related to the accident, prior medical records, information concerned any lost wage claim, and pictures of injuries, the accident or the objects, such as vehicles, involved.

Discovery: What are depositions?

A deposition is a proceeding in the litigation of your case where sworn testimony is taken by a court reporter with all attorneys and parties present. The deposition may be used at trial so it is very important for you to take this part of your case seriously. There are many “dos and don’ts” concerning how to answer questions during a deposition and at Riddle & Riddle, we make sure that our clients are well prepared to honestly and effectively answer questions in a deposition. Depositions are taken of the parties, witnesses and medical providers. Our attorneys are always well prepared for these as the testimony and facts elicited can and will be used at trial.

Mediation: What is it?

Mediation is the forum where both sides are offered an opportunity to present their cases to an independent and neutral person (the mediator) who attempts to provide alternatives and options to settle the legal matter in dispute. In most cases, mediation is conducted after filing suit; however, we have mediated cases successfully prior to suit being filed. The mediator is usually another attorney or a retired judge. Attorneys must take extensive training and classes to help them develop the skills necessary to accomplish the goals of a mediator. Both parties are usually able to agree on a mediator or the court may appoint one. Prior to the mediation the mediator is required to define and describe the following to both parties at the beginning of the mediation: - The process of mediation; - The differences between mediation and other forms of conflict resolution; - The costs of the mediated settlement conferences; - That the mediated settlement conference is not a trial, the mediator is not a judge, and the parties can retain their right to trial if they do not reach a settlement; - The circumstances under which the mediator may meet and communicate privately with any of the parties or with any other person; - Whether under what conditions communications with the mediator will be held in confidence during the conference; - The inadmissibility of conduct and statements; - The duties and responsibilities of the mediator and the participants; and - That any agreement reached will be reached by mutual consent. Once the mediator has explained the mediation process, procedures, and confidentiality rules to both parties, both parties will have an opportunity to present their side of the case. We have mediated cases involving auto accidents, premises liability (slip and falls), dog bites, and even workers’ compensation cases. Many cases settle in mediation and many do not. Mediation is not the only forum in which parties are allowed to negotiate or resolve the case. Often, if the case does not settle and mediation, it will help both parties narrow the major concerns of the case and allow them to resolve it at a later date. However, mediation may provide the last attempt to resolve your case without incurring the additional expenses and costs to continue litigating your case to the point of a jury trial. In our many years of representing personal injury clients all across the state of North Carolina, we have found that mediation can be very successful tool in settling our clients’ cases. Our clients still have the power at mediation to control their destiny. The mediator cannot force you to settle your case but he or she can, in most situations, obtain the best offer from the other side. Mediation may provide the last attempt to resolve your case without incurring the additional costs necessary to completely litigate your case.

Mediation: Is it required?

Yes, most civil disputes in North Carolina must be mediated before they can be adjudicated in court. This mediation requirement applies to lawsuits filed in Superior Court, District Court, and the North Carolina Business Court. In injury cases, mediation is required after a lawsuit has been filed and the parties have had sufficient time to conducted discovery. Once a case is ordered to mediation by the court, the parties may select a mediator by agreement. If no agreement can be reached then the court will appoint a mediator. In Workers’ Compensation cases, mediators are appointed by the Industrial Commission once the employer or employee files for a hearing on the merits of the matter. In just about all of our cases, including Workers’ Compensation, we are able to reach an agreement with the defendants regarding the mediator and the dates for the mediation.

Litigation FAQs

Q: What are the costs of litigation?

Most clients do understand that the costs to litigate a case are ultimately the responsibility of the client. This means that even if we advance the cost to file your suit, take depositions, pay for doctors and other experts to testify, and pay for all the other costs associated with litigation, the client will have to pay for these costs once the case is resolved. At times, these costs can be very high, although usually they are reimbursed upon resolution of the case. In a very recent federal case involving an excessive force claim against a police officer, we incurred about $20,000.00 in advanced costs to take depositions and pay for experts. Remember, the costs associated with these cases are not attorney’s fees. They are separate and in addition to attorney’s fees. If you win your case, then in many situations, the other side will pay for your costs to litigate but this is not guaranteed. If your case is worth $20,000 then it is not wise to spend $20,000 to litigate. Careful consideration should be given to the last offers from the other side before trying your case before a jury. At Riddle & Riddle, we will give you legal advice based on years of experience in trying and settling cases. Litigating your case may be the solution for you or it may be your only choice, but we will offer you an honest evaluation of your options and try to help you select the best choice.

Filing a lawsuit is a significant decision. At Riddle & Riddle Injury Lawyers, our goal is to resolve your case at the optimal time, maximizing your recovery while carefully weighing future costs against prospective benefits.

Whether your case settles before filing a lawsuit, during pre-trial procedures, or goes to a jury, we guide you through every step so you can make informed decisions.

Home | Blog | Personal Injury | Litigation FAQs

Content Reviewed by:

Gene Riddle

Content Last Updated:

September 1, 2026

Litigation Costs: Advanced by our firm during your case and reimbursed from your settlement or award upon resolution.
Discovery Phase: The formal, pre-trial information exchange where both sides build their legal evidence.
Mediation: Mandatory in most North Carolina civil disputes to encourage settlement before trial.
Jury Trial Risks: A trial puts your outcome in the hands of 12 jurors; careful risk assessment is essential before rejecting settlement offers.

Understanding Litigation & Pre-Trial Costs

What are the costs of litigation?

Litigation costs are distinct from an attorney’s fees. They include expenses required to build your case, such as court filing fees, deposition transcripts, and expert witness testimonies.

While Riddle & Riddle advances these upfront expenses on your behalf, they are ultimately the client’s responsibility and are reimbursed from your final resolution.

Cost Factor	Details
Typical Advanced Expenses	Court fees, court reporters, medical expert testimony, accident reconstruction.
Cost vs. Value Rule	Expense must align with case value (e.g., spending $20,000 to pursue a $20,000 claim is not viable).
Cost Recovery	If you win, courts may order the opposing side to reimburse certain costs, though this is not guaranteed.

The Discovery Phase

What is discovery?

Discovery is the mandatory pre-trial period where both sides exchange evidence and information. This phase prevents trial by surprise, clarifies key issues, and often facilitates out-of-court settlements as evidence unfolds.

What are the 6 primary discovery methods?

Interrogatories (Rule 33): Written questions served on a party that must be answered in writing under oath within 30 days (limited to 50 questions, including subparts). Your attorney will help you answer truthfully while objecting to improper or privileged questions.
Requests for Production of Documents: Written requests requiring a party to provide documents, medical records, lost wage proof, photographs, or tangible items within 30 days.
Depositions: Formal, out-of-court proceedings where witnesses or parties give sworn testimony recorded by a court reporter. This testimony can be used at trial.
Requests for Admission: Written requests asking the opposing party to admit or deny specific facts to narrow the issues for trial.
Physical or Mental Examinations: Court-ordered evaluations by independent medical professionals when a party’s condition is in dispute.
Written Depositions: Sworn questions submitted in writing to a witness, answered under oath before a court reporter.

There are six discovery devices that can be used. (1) oral depositions, (2) written depositions, (3) interrogatories to parties, (4) production of documents and things, (5) physical or mental examinations, and (6) Admissions. Some of these are more commonly used than others, and it is important to note that each party bears its own costs of discovery.

At Riddle & Riddle, we will give you legal advice based on years of experience in trying and settling cases. Litigating your case may be the solution for you or it may be your only choice, but we will offer you an honest evaluation of your options and try to help you select the best choice.

Mediation: Resolving Disputes Before Trial

What is mediation?

Mediation is a structured negotiation session led by an independent, neutral third party (usually an experienced attorney or retired judge). The mediator facilitates dialogue and helps both sides explore settlement options without taking sides or ruling on the case.

In most cases, mediation is conducted after filing suit; however, we have mediated cases successfully prior to suit being filed. Both parties are usually able to agree on a mediator, or the court may appoint one.

Prior to the mediation, the mediator is required to define and describe the following to both parties at the beginning of the mediation:

The process of mediation;
The differences between mediation and other forms of conflict resolution;
The costs of the mediated settlement conferences;
That the mediated settlement conference is not a trial, the mediator is not a judge, and the parties can retain their right to trial if they do not reach a settlement;
The circumstances under which the mediator may meet and communicate privately with any of the parties or with any other person;
Whether under what conditions communications with the mediator will be held in confidence during the conference;
The inadmissibility of conduct and statements;
The duties and responsibilities of the mediator and the participants; and
That any agreement reached will be reached by mutual consent.

Once the mediator has explained the mediation process, procedures, and confidentiality rules to both parties, both parties will have an opportunity to present their side of the case.

Is mediation required in North Carolina?

Yes. North Carolina law requires mediation for most civil disputes filed in Superior Court, District Court, and the North Carolina Business Court before a case can proceed to trial.

Personal Injury Lawsuits: Mediated after filing suit and completing initial discovery.
Workers’ Compensation Claims: Assigned a mediator by the Industrial Commission after a hearing request is filed.

Who pays for mediation?

Under the rules of mediation, both sides share the costs of the mediator’s fees. However, in many injury cases which settle at mediation, the defendants will usually offer to pay the full cost of the mediator’s fees as part of the settlement. If the case is not settled, then you may be responsible, as an advanced cost, for one half of the mediator’s fees.

Jury Trials & Case Evaluation

What happens during a jury trial?

If negotiations and mediation do not result in a settlement, your case may proceed to a jury trial (except for Workers’ Compensation and Social Security Disability claims, which are decided by Administrative Law Judges).

In a North Carolina civil trial, all 12 jurors must unanimously agree on two distinct points:

The defendant is legally at fault (liability).
The monetary amount required to compensate you fairly (damages).

Risks of a Jury Trial

Over our many years of experience, we have learned that we must always seriously consider all possible resolutions before putting your case in front of a jury. This is because presenting your case to a jury can be inherently unpredictable. In North Carolina, you must persuade all 12 jurors that you are entitled to the relief you are requesting. As you might imagine, this can be very difficult. We have handled all types of injury cases, including auto accidents, dog bites, premises liability involving slip-and-fall injuries and ladder and step injuries, violations of constitutional rights, and even property damage cases.

As your attorneys, we never know what a jury will decide once it hears your case. Even with strong evidence, a jury may view facts differently, find partial liability, or award lower compensation than pre-trial settlement offers. If a jury award is lower than a formal defense offer, you may become responsible for certain defense costs.

Get Experienced Legal Guidance Today

Deciding whether to settle or litigate requires balancing potential recovery against guaranteed costs and trial risks. Contact Riddle & Riddle Injury Lawyers for a free case evaluation.