Stage 1: Investigation & Evidence Gathering
Before a formal lawsuit is ever filed in a North Carolina court, your attorney will conduct a thorough investigation to establish fault and calculate your total financial damages.
During this phase, your legal team will collect and analyze critical evidence, including:
Official police report and officer statements
Scene photography, dash cam footage, and nearby surveillance video
Complete medical records, imaging, and physical therapy reports
Wage logs and proof of lost income
Expert Testimony & Reconstruction: In complex crashes, such as multi-vehicle pileups or truck and tractor-trailer accidents, attorneys may retain accident reconstructionists, forensic accountants, and medical experts to build a trial-ready case.
Although the car accident lawsuit process depends on the specific facts of each case, there are some general things to keep in mind as you consider a potential lawsuit to recover damages for your injuries.
Stage 2: Pre-Lawsuit Settlement Negotiations
Once your medical treatment has stabilized or your total future care costs can be projected, your attorney will assemble a formal demand package for the at-fault driver’s insurance company.
Insurance carriers are financially incentivized to avoid trial due to court costs and attorney fees. In many cases, signaling that your attorney is fully prepared to take the case to court is enough to bring the insurance adjuster to the table with a realistic settlement offer. However, if the insurance company offers a lowball settlement or denies liability, your attorney will proceed to file a formal lawsuit.
Stage 3: Filing the Lawsuit & The Discovery Phase
The formal litigation process begins when your attorney files a Summons and Complaint in the appropriate North Carolina court (usually Superior Court for major injury claims). The defendant is served with the lawsuit and is given a set timeframe to file a formal Answer.
What Happens During the Discovery Phase?
Once the pleadings are filed, the case enters Discovery—a structured period where both sides exchange information and evidence. Discovery typically involves:
Interrogatories & Requests for Production: Written questions and formal requests for documents, including medical bills, financial records, and vehicle repair logs.
Depositions: Sworn, out-of-court testimony taken under oath before a court reporter. Your attorney, as well as the defense attorney, will depose the drivers involved, eyewitnesses, treating physicians, and expert witnesses.
Crucial Social Media Warning: During the discovery phase, defense attorneys will monitor your public activities. Avoid posting on social media (Facebook, Instagram, TikTok) about your accident, physical health, or daily activities while your lawsuit is pending. Defense lawyers frequently attempt to use social media posts to claim an injury is less severe than reported.
Stage 4: Mandatory Mediation & Alternative Dispute Resolution
North Carolina courts require nearly all personal injury lawsuits to go through mandatory mediation before a trial date is set.
During mediation, both parties meet with an independent, court-appointed neutral party called a mediator. The mediator does not decide the outcome or issue a verdict; instead, they facilitate confidential negotiations to help both sides reach a voluntary settlement agreement.
In some instances, parties may opt for arbitration instead. Unlike mediation, an arbitrator acts similarly to a judge and renders a decision that can be binding or non-binding based on prior agreement.
Stage 5: What Happens If Your Case Goes to Trial?
If mediation fails to yield a fair settlement, your case will proceed to trial. While fewer than 10% of personal injury cases go to trial, having a battle-tested trial lawyer is vital if the insurance company refuses to take responsibility.
The 4 Main Steps of an NC Civil Trial
Jury Selection (Voir Dire): A 12-person panel of local citizens is selected through questioning by both the judge and the attorneys to ensure an impartial jury.
Opening & Closing Statements: Both sides frame the case at the beginning and summarize their core arguments at the end to guide the jury’s decision.
Witness & Evidence Presentation: Direct and cross-examination of eyewitnesses, responding police officers, treating physicians, and expert witnesses, along with the introduction of medical records and crash scene evidence.
Deliberations & Verdict: The fact-finder (the jury or judge) deliberates in private to determine liability and render a verdict detailing the financial compensation owed.
Stage 6: Appeals, Motions for a New Trial & Fund Collection
Reaching a settlement or securing a jury verdict brings the legal process toward its final phase: collecting your financial compensation.
Collecting Settlement Funds
In out-of-court settlements, the final agreement typically stipulates that the insurance company must issue payment within 20 to 30 days. If the insurer fails to pay within the agreed timeframe, they may be subject to additional interest penalties under state law.
Post-Trial Motions & Appeals
If your case is resolved via a jury verdict, the losing side may file post-trial motions (such as a Motion for a New Trial based on trial errors or misconduct) or appeal the verdict to a higher court. An appeal can extend the timeline by several months or years. However, insurers frequently agree to negotiate a fair settlement while an appeal is pending to avoid further litigation costs.
Why Do Over 90% of Car Accident Cases Settle Before Trial?
Both plaintiffs and insurance companies are naturally motivated to settle out of court:
For Insurance Companies: Jury trials are unpredictable, expensive, and expose the company to potentially massive verdicts well beyond their initial settlement offers.
For Injured Plaintiffs: Settling eliminates trial anxiety, reduces ongoing legal costs, and allows victims to receive compensation months or years faster so they can pay medical bills and move forward with their lives.
Riddle & Riddle Injury Lawyers found me all the available money from the insurance companies.
David Howard
How Riddle & Riddle Injury Lawyers Fights for You in Court
If you’ve been injured in a car accident in North Carolina, our experienced car accident lawyers may be able to help. We have been fighting for injured North Carolinians for more than four decades, and our attorneys are committed to seeking justice for those hurt due to someone else’s negligence.
There is no obligation, and there are no upfront costs or attorney fees unless we win your case and you receive financial compensation.
Recent settlements and judgments in North Carolina car accident cases include:
- $9,450,000 | Car Accident, Truck Accident & Wrongful Death — Our trial attorneys represented the surviving family members of a family of four that was tragically killed in an accident involving several tractor-trailers on a busy NC highway. We brought in accident reconstructionists to investigate the crash scene and even subpoenaed Google Maps for traffic data to prove our case. Justice was served as we ultimately secured more than $9 million in total compensation from several insurance carriers.
- $2,750,000 | Car Accident — Attorney Donald Dunn fought for justice for a man who suffered serious fractures to his neck, arms and legs after being hit head-on by another vehicle. Dunn secured more than $2 million in total compensation through arbitration, which was followed by a separate $1 million declaratory judgment against one of the insurance companies involved.
- $2,250,000 | Car Accident & Wrongful Death — Our client was killed instantly when hit head-on by a truck that crossed the center line. Attorney Gene Riddle took the case and immediately organized a thorough accident investigation, after which he advised defense counsel of his intent to file suit. The parties entered mediation where Riddle negotiated more than $2 million in total compensation.
