Many people hesitate to contact a lawyer after an injury because they fear a long, stressful court battle. In reality, more than 90–95 percent of personal injury cases across the country settle outside the courtroom. North Carolina follows this same pattern. Filing a claim is usually a process centered on documentation, medical treatment, and negotiation, not a dramatic trial scene.

 

This overview is designed to ease that worry and explain how the process works, including when a case may require litigation and how counsel can make the experience far less overwhelming.

 

How Personal Injury Claims Usually Work

Most personal injury matters begin not with a lawsuit but with an insurance claim. After an injured person receives medical treatment, their attorney collects medical records, bills, employment documentation, photographs, and other supporting evidence. This information is presented to the at‑fault party’s insurer as part of a settlement demand.

 

The majority of claims resolve during this stage. Settlement discussions, informal conferences, or mediation often lead to an agreement without ever filing a lawsuit in court.

 

When a Lawsuit Is Filed, But Still May Not Go to Trial

If the insurance company refuses to offer a fair settlement, or if the statute of limitations is approaching, your attorney may file a lawsuit to protect your rights. Even then, most cases do not proceed to trial. Instead, the parties continue negotiating while working through standard pre‑trial procedures:

• Discovery, where both sides exchange documents and answer written questions
• Depositions, where witnesses provide sworn testimony
• Motions, where the court decides whether certain issues should be dismissed or limited
• Mediation, which North Carolina courts frequently require and where many cases ultimately settle

Only a small percentage, often fewer than 5–10 percent, ever reach a jury.

 

Why So Many Cases Settle

There are practical reasons settlement is the most common outcome. Insurers favor predictable costs and wish to avoid the risk of a jury verdict. Injured individuals often prefer a resolution that does not require years of litigation. Both sides frequently reach agreement once the facts are clear and the evidence is exchanged.

 

When a Trial May Be Necessary

Some cases do require courtroom litigation, such as when:

• The insurer denies liability
• The insurer disputes the seriousness of the injuries
• The insurer attempts to blame the injured person
• The parties cannot agree on a fair valuation

This is especially important in North Carolina, where contributory negligence means that even minimal fault attributed to the injured person could bar recovery entirely.

A reputable trial firm prepares every case with the assumption that litigation may be required, which strengthens negotiation positions and often leads to better settlements.

 

How a North Carolina Trial Firm Like Blue LLP Can Help

An experienced trial lawyer handles the complex aspects of the case: communicating with insurers, collecting evidence, tracking deadlines, negotiating settlement terms, and preparing litigation strategies. Clients are not asked to navigate these responsibilities alone, and discussion of trial only becomes necessary if settlement proves impossible.

 

Blue LLP is a Raleigh‑based trial firm with experience in complex personal injury matters. While we are fully prepared to litigate when required, our first objective is always to secure a fair, timely settlement so our clients can focus on their recovery.

 

If you are unsure whether you have a claim, or worried that filing one means going to court, our team can provide clarity. Contact Blue LLP.