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The Personal Injury Process Explained by a Raleigh Injury Lawyer

How a Raleigh Injury Lawyer Can Help You Pursue Your Claim for Damages

If you have been injured because of the negligence of another and are pursuing a claim  for compensation, you should have a complete understanding of how to pursue a personal injury claim in North Carolina. While a Raleigh injury lawyer is in the best position to explain how your case is likely to proceed, the following will give you a good foundation of how cases like yours make their way through the legal system.  

What Will I Have to Prove in Order to Hold the Defendant Responsible for My Injuries?

Regardless of how you were injured,  laws regarding negligence and recovery of damages will apply. In order to succeed in a personal injury claim, you and your Raleigh injury lawyer will need to prove that:

• You were owed a duty of care by the defendant,
• The defendant breached this duty of care,
• Your injuries were the result of this breach of duty, and
• You suffered damages as a result

North Carolina Has Unique Laws Regarding Fault and Liability

North Carolina is one of the few states left in the US that uses the contributory negligence standard in personal injury claims. The contributory negligence standard means that if you are found to be even one percent responsible for your own injuries, you cannot recover any money for your losses or damages. A Raleigh injury lawyer can help you understand this contributory negligence law, 

How Long Do I Have to File My Personal Injury Claim in North Carolina?

As a general rule, the time to file is limited. And there are many exceptions under North Carolina’s statute of limitations for damages following an accident; for instance, if the accident resulted in fatalities and you have a wrongful death lawsuit. Also, if the injury was caused by a defective product, such as a car or piece of equipment, the statute of repose may greatly reduce the amount of time you have to bring a legal claim. There are different rules if the victims are minors or if there is a government entity involved in the case. Therefore, we recommend you file as soon as possible.

The Personal Injury Litigation Process Explained by Our Raleigh Injury Lawyers

Martin & Jones prepares every claim as if it were going to court, from the very beginning. A personal injury lawsuit is a civil court proceeding that begins with the injured party — called the plaintiff — filing a legal document called a complaint against the person alleged to have caused the harm, the defendant.

In the complaint, your Raleigh injury lawyer will lay out all the facts of the case — the details about who injured you and how it happened — and why the defendant is responsible for causing your injuries. Your attorney will also ask for a certain amount in damages to compensate you for your injuries. Next, the defense attorneys will answer the complaint.

After these initial papers are filed, the two sides begin a process called discovery. During discovery, each side seeks to find out as much as they can about the other’s case. Each side will present each other with requests for documents and interrogatories, which are detailed questionnaires that must be answered under oath. 

The sides will then take depositions, where each side has an opportunity to ask questions of all of the parties in the case, as well as each side’s witnesses, including experts and others who can further explain any information obtained during interrogatories and the examination of records. Depositions are also taken under oath.

During and after discovery, the lawyers may meet in court several times to address disputes that arise during the fact-finding part of the case. Your lawyer will handle this part of the process and you will not be required to attend court for them. Once all of the pre-trial matters are settled, the case will go to mediation.

Your Raleigh Injury Lawyer Can Also Help with Mediation

Before your case can proceed to trial, North Carolina law requires you to undergo mediation. Mediation provides an avenue for the plaintiff and defendant to get together and attempt to settle the case.

In mediation, both sides get to explain their cases to the mediator together in one room. After that, the parties move to separate rooms to discuss the case with the mediator out of earshot of the other side. The mediator goes back and forth from room to room trying to create a scenario where the parties can come to settlement terms. If that happens, the case will settle. If not, the case will proceed to trial. Don’t worry though, your Raleigh injury lawyer will be there to help with the mediation. 

Taking a North Carolina Personal Injury Case to Trial

A personal injury trial in North Carolina can take years to complete, which is why many cases settle. However, many cases do go to trial. During a trial each side will make opening statements and call witnesses before finishing up the case with closing arguments.

Your Raleigh injury lawyer will present evidence showing the facts about how you came to be injured, why your injuries were caused by the defendant, and the damages that you received as a result of your injuries. Your attorney will ask that you be awarded a specific amount in damages for your medical expenses, lost wages, other out-of-pocket expenses, pain and suffering, and loss of familial relationships, where appropriate.

The other side will dispute assertions. It will be up to the jury to decide whether or not the defendant was liable and to decide how much you should be awarded in damages. Then the judge will enter a final judgment in the case.

It is important to understand that you and the defense can enter into a settlement agreement any time before the judge enters that final judgment.

Contact a Raleigh Injury Lawyer to Learn More About the Personal Injury Process in North Carolina

If you have been injured as a result of someone’s negligence the Raleigh injury lawyers at Martin & Jones can guide you through the personal injury process. To learn more, please contact us online or call us at 1-800-662-1234. All consultations are no-obligation and free. We have convenient office locations in Raleigh, Durham and Wilmington, and we serve clients throughout the state. 

Hear it from our clients

“We hired Martin & Jones in March 2015 and Steven Corriveau became our personal lawyer. Steven is a true professional who is understanding and easy to communicate with. He clearly explained the legal process to us. We are confident in the specific information, advice and feedback he gives us and know that he always has our best interest in the case. He responds quickly to our questions and concerns being available 24 hours a day. As our legal journey continues we look at the number of contacts we have with Steven. There have been 52 plus phone calls and conversations, 50 plus emails, 3 plus personal meetings, and 18 plus legal documents. We are honored to have such a caring lawyer as Steven in a stressful situation, in which he makes the process less difficult. We highly recommend Steven Corriveau who is great, intelligent, persistent and will deliver to the client. Our expectations are very high and Steven is the best.” 

- Ronnie & Patricia

“We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I’m glad I did.” 

- Linda

“I would like to leave a testimonial thanking Steven and Allison for their care and understanding. Steven’s pursuit and success in getting some compensation for our loss. A final closure of our loss of brother Mike. Thanks to Martin & Jones for looking after Mike’s care since his injury in 2005. You have been there for Mike and his family for a long time. Mike passed in 2016 and you stood for the family up to the present (July 2017). Many thanks.”

- Dan

“Thank you for always making me feel welcome and at ease in your office. I respect the work you do and your enthusiasm for it and am grateful for your talents.”

- Tracy

“Thank you for the work you have done for Carl and our family. We so much appreciate your sincere professionalism and kindness you showed us. I know Carl is smiling right now and the Lord has blessed us through you. May God bless you.”

- Connie, whose husband Carl worked as a brakeman for CSX Transportation and died of mesothelioma

“Thank you for your concern of my well-being every time I spoke with you. It always meant so much. I hear nothing but awful stories of dealing with attorneys and their offices, but I have had nothing but positive experience. You have many special ways of working with people in need of help. Words can never express the way your support has been so helpful. I pray you will continue to help others. I wish you all the best.”

- Mary

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