Step 1: Filing a North Carolina personal injury lawsuit

No one begins their day hoping to be seriously injured. No one wants to be hurt in a car crash, in a fall at a hardware store, in an act of violence in a shopping mall parking lot – or in any of the other countless ways in which people are injured through no fault of their own.

If your injuries are due to someone else’s carelessness, recklessness or negligence, you can be entitled to compensation for doctor and hospital costs, lost wages, ongoing medical treatments, your pain and suffering and more.

It should be noted that in most cases, an attorney can favorably resolve a personal injury claim in negotiations with an insurer or property owner without going to court. Lawsuits are typically a last resort.

Filing a complaint

The first step in a North Carolina personal injury lawsuit is the filing of a complaint in District Court (for civil cases involving less than $25,000) or Superior Court (civil cases involving more than $25,000). Both of those courts can be found in the Mecklenburg County Courthouse at 832 East Fourth St. in Charlotte.

The complaint outlines the injuries and damages you have suffered and names the person or people who are responsible (the defendants). The court clerk then issues a summons to inform the defendants that legal action against them has begun.

Missing the deadline

The defendant is required to file a response to the complaint, typically denying the allegations or asserting defenses. If the defendant fails to respond by the deadline, it can result in a default judgment by the court in your favor.

It should be noted that you and your attorney can at any time in the process negotiate a settlement with the defendant to favorably resolve the dispute.

We will have more on how to file a personal injury lawsuit in upcoming blog posts. Please check our Charlotte civil litigation blog again.