Litigation of your NC Injury Claim
Thankfully, most NC auto accident claims get settled without litigation. That’s a good thing for both parties. Litigation is expensive, time-consuming, and uncertain, so I would never say that it’s the best dispute resolution platform out there. Winston Churchill said of Democracy, “It’s the worst form of government, except for all of the other ones we’ve tried,” and this same sentiment might apply to trial by jury. Still, as much as we’d like to avoid it, sometimes you have to go through with it.
In making the decision to go to trial, it would help if you knew, at least in a nutshell, what the entire litigation process looked like. So here’s that nutshell for you:
Filing: First, as the Plaintiff we must file a Complaint. That’s a formal documentation of what you’re saying the bad guys did and you take it to the appropriate county clerk’s office, pay them some money, and boom, you’re a litigant. You then have to serve the Defendant (which costs money) in a prescribed way (which is often easier said than done) and after that the Defendant has 30 days (really 60) to file an Answer, which is a formal document that will state why the Defendant thinks the Plaintiff is full of $#%!.
Discovery: This is probably going to be the longest part of the litigation process. Discovery consists of two elements – written discovery and depositions. Written discovery is most easily described as asking tons of invasive and inappropriate questions on paper that the parties are then required to answer in 30 days (really 60) under oath. Depositions are question and answer sessions that are requested by the attorneys for the litigants, at which the deponent is asked questions under oath in the presence of a court reporter who is documenting every word. The discovery process is really about fact-finding so that each litigant knows what evidence supports or harms their respective claims. Mostly it’s the plaintiff and defendant who are deposed, but witnesses can be as well, and expert witness depositions are very important. Three things you should really take away about Discovery: First, it’s going to take a lot of time and effort on YOUR part, not just mine, so know that you’re essentially signing up for a part-time job. Second, it’s probably the most important part of the litigation process and can really make or break your claim. Third, it’s deceptively expensive. You will be paying the court reporter as well as for transcripts, which adds up quickly. More importantly, if you’re paying for an expert witness, here’s where you can really, really get in the hole. So be forewarned.
Mediation: Every case filed in Superior Court in NC must go to mediation unless excused by a Judge. A mediation is just a formal settlement conference refereed by a mediator, who does not make decisions in the case but just helps the parties to communicate. This costs money, too, but is often worth it, as most cases that are filed are settled at or before mediation. There will be considerable preparation work prior to the mediation, but the amount is really on a case by case basis.
Trial: This is the actual going to court, picking a jury, and going through the court room process. This can be time-consuming and immensely stressful. For the most part, the process here is too complicated to really right about, especially in that it may vary so much from case to case. But most of what you’ve seen on TV is both very right and very wrong, if that helps you any.
The process is expensive, imperfect, and uncertain. But maybe it’s your best chance at success, whatever that means, for your claim. Just talk to your attorney and ask as much as you can to know what you’re getting into before making such a big decision.
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