After a car accident, you probably won’t have to go to court. The vast majority of car accident cases are resolved without ever seeing the inside of a courtroom.
The primary reason for this is that most cases are resolved through a settlement. A settlement is a formal, negotiated agreement reached between you, your attorney, and the at-fault driver’s insurance company. However, arriving at a fair settlement is not always a simple path. An insurance company is a business, and it must balance paying claims with its own financial interests. This means the process requires thorough documentation and skilled negotiation.
A resolution that provides for your medical treatments, covers your lost wages, and compensates you for your pain and suffering is achievable. A well-prepared claim and strategic negotiation secure what you need to recover without the stress of a public trial.
If you have a question about your car accident and want to know what your options are, call us at (919) 526-0450.
Key Takeaways for Car Accident Claims
- The vast majority of car accident cases settle out of court. This means you will likely not have to face a trial, as negotiation with the insurance company resolves most claims.
- Filing a lawsuit is a strategic tool, not a failure. A lawsuit is filed to move negotiations forward when they stall, not to immediately start a trial.
- Thorough documentation of your damages is essential. A strong claim is built on detailed evidence of your medical bills, lost wages, and non-economic suffering, which is used to justify a fair car accident settlement.
Why Does the Idea of a Lawsuit Seem So Unsettling?
The thought of a courtroom is a source of deep anxiety for most people. Imagining a judge, a jury, and an opposing lawyer asking pointed questions feels like a high-stakes, public confrontation. This is especially true when all you want is to heal from your injuries, pay your bills, and return to your normal life. You are not alone in feeling this way; it is a completely normal reaction, and speaking with an experienced car accident lawyer can help ease some of that uncertainty.
The legal system, viewed from the outside, appears complex and adversarial. Your concerns may be rooted in very specific fears:
- Saying the wrong thing: Many people worry that a single misspoken word during testimony could be twisted and used to damage their case.
- The time commitment: The idea of a lawsuit dragging on for months, or even years, creates a long and stressful period of uncertainty while bills continue to pile up.
- The financial cost: There is a common belief that taking a case to court is prohibitively expensive. Our firm handles car accident cases on a contingency fee basis. This means you pay absolutely nothing unless we recover compensation for you.
- Privacy concerns: The details of your accident, your injuries, and your medical history become part of a public record, which feels like an invasion of privacy.
The good news is that the legal process is structured to encourage resolution before a trial becomes necessary. Both sides are typically motivated to find common ground and settle the case. It allows you to focus on your recovery while a professional handles the legal process on your behalf.
The Settlement Path: How Most Car Accident Claims Are Actually Resolved
Your case begins with a meticulously prepared insurance claim. This is the starting point for nearly every car accident case in North Carolina. It is not a fight, but rather a formal process for demonstrating your losses to the at-fault driver’s insurance company so they fulfill their contractual obligation to their insured.
Step 1: The Investigation
The first thing we do is gather all the facts. This goes far beyond just the initial police report. Our investigation involves:
- Collecting Evidence: We work to obtain photos and videos from the accident scene, locate and interview witnesses, and secure any available footage from dashcams or nearby surveillance cameras. This objective evidence is invaluable.
- Analyzing the Law: We review the specific North Carolina traffic laws that apply to your accident. These laws, found in Chapter 20 of the General Statutes, govern everything from speeding to following too closely and help establish the other driver’s legal fault.
Step 2: Documenting Your Damages
Next, we translate your experience into a comprehensive and undeniable record of your losses. This documentation is broken into two main categories:
- Economic Damages: These are the tangible, calculable financial losses you have suffered. We collect every medical bill from the hospital, doctors, and physical therapists. We gather all your prescription receipts. We also meticulously calculate your lost income from the time you have missed from work.
- Non-Economic Damages: This is compensation for harms that do not come with a price tag. It includes physical pain, emotional distress, and the development of conditions like PTSD or anxiety, which are unfortunately common after a traumatic car crash. We document these harms through detailed medical records and sometimes by having you keep a journal about how your injuries are impacting your daily life.
The Negotiation Phase
Once you have recovered as much as medically possible, a point known as Maximum Medical Improvement (MMI), we compile all the evidence and documentation into a formal demand letter.
This letter is sent to the insurance adjuster. It lays out our legal argument, explains why their insured driver was at fault (a legal concept known as negligence), and details the full value of both your economic and non-economic damages.
The insurance adjuster will review our demand and respond with an initial offer. This first offer is almost always lower than what your case is truly worth. Our attorneys then begin a series of discussions with the adjuster, using the evidence we have gathered to counter their arguments and advocate for the full compensation you need. The vast majority of car accident cases are successfully resolved during this back-and-forth negotiation.
Reaching a Settlement
If we reach an agreement that you approve, you will sign a release form. This is a legal document that officially closes your claim in exchange for the settlement amount. The insurance company then issues the payment. We handle the final steps, like paying any outstanding medical liens from your settlement, before disbursing the remaining funds directly to you. At that point, the case is officially over.
So, When Does a Car Accident Case Go to Court?
Filing a lawsuit is a strategic step taken to protect your rights only when negotiations are not working.
The primary reasons a case may proceed to litigation include:
- Disputes Over Liability: Sometimes, the other driver’s insurance company will refuse to accept that their insured was 100% at fault. They will conduct their own investigation, looking for any evidence to use to argue that you were partially to blame for the accident. Our role is to build a case that clearly demonstrates the other driver’s responsibility and ensures no blame is unfairly shifted to you.
- The Settlement Offer is Too Low: Insurance companies are businesses that must manage their financial payouts. Occasionally, their valuation of a claim is simply unreasonable and does not come close to covering your medical bills, lost wages, and future needs. If their “final” offer is unfair, filing a lawsuit is sometimes the only way to pursue the maximum compensation available under the law.
- Complex Legal or Factual Issues: Your accident may have involved multiple vehicles, unclear fault, or catastrophic injuries that require testimony from medical or accident reconstruction experts to fully explain. A formal lawsuit provides the structure needed to bring in these experts and resolve these issues through a formal legal process.
- Approaching the Statute of Limitations: In North Carolina, you generally have three years from the date of the accident to either settle your claim or file a lawsuit. If negotiations are dragging on and this deadline is getting close, we file a lawsuit to preserve your legal right to pursue compensation.
What Does “Going to Court” Actually Mean for You?
One of the biggest misconceptions is that filing a lawsuit means you are immediately scheduled for a trial with a judge and jury. This is not the case.
Filing a lawsuit simply transitions the case from the informal negotiation phase into the formal legal system. The litigation process unfolds in several stages:
- Filing the Complaint: This is the official legal document that starts the lawsuit. It is filed with the court and formally outlines your allegations against the at-fault driver.
- The Discovery Phase: This is typically the longest part of the litigation process. During discovery, both sides formally exchange information and evidence under strict rules. This includes:
- Interrogatories: Written questions sent to the other party, which they must answer in writing and under oath.
- Requests for Production: Formal requests for documents, such as medical records, vehicle maintenance logs, or cell phone records.
- Depositions: An out-of-court proceeding where you, the other driver, and other witnesses answer questions under oath from the opposing attorney. A court reporter records every word. Our car accident attorneys will thoroughly prepare you for your deposition and will be by your side the entire time.
- Mediation: Even after a lawsuit is filed, the system is built to encourage settlement. North Carolina courts typically require both parties to attend mediation. This is a confidential meeting where a neutral third-party mediator helps facilitate a discussion to reach an agreement. A large number of cases that enter litigation are settled at this stage.
- Trial: Only if all of these other steps—negotiation, discovery, and mediation—fail to produce a fair resolution does a case proceed to a trial.
Frequently Asked Questions About Car Accident Claims
How long do I have to file a car accident claim in North Carolina?
According to North Carolina General Statute § 1-52, you have three years from the date of the accident to file a lawsuit for personal injury or property damage. However, it is always best to act much sooner to ensure evidence is preserved and witness memories are still fresh.
What if the other driver doesn’t have insurance?
North Carolina law requires all drivers to carry Uninsured/Underinsured Motorist (UM/UIM) coverage as part of their own auto insurance policy, as detailed in G.S. § 20-279.21. If you are hit by an uninsured driver, we help you file a claim with your own insurance company under your UM coverage to pay for your damages.
Will my insurance rates go up if I file a claim?
If the other driver was clearly at fault for the accident, filing a claim against their insurance policy should not have any impact on your insurance rates. Similarly, if you have to file a UM claim with your own insurer because the at-fault driver was uninsured, your rates should not increase as long as you were not at fault for the crash.
Do I really need an attorney if the insurance company already made an offer?
An initial settlement offer is just a starting point for negotiations. An experienced attorney evaluates that offer to determine if it fully accounts for all your current and future medical needs, lost income, and other damages. We handle these types of cases every day and negotiate a more complete settlement that truly reflects the full extent of your losses.
How much does it cost to hire Maginnis Howard for a car accident case?
We handle all personal injury cases on a contingency fee basis. This means you pay no upfront costs for our services. We only receive a fee if we are successful in recovering compensation for you, either through a car accident settlement or a court award.
Your Path to Recovery with Maginnis Howard
Our practice is focused on helping families in Raleigh, Charlotte, and across North Carolina. We are familiar with the local courts and understand the challenges people face after a serious crash. The sooner we begin gathering evidence and building your claim, the stronger your case will be.
Call us today for a free consultation about your case at (919) 526-0450.
