How Is A Case Handled?

Depending on how you first contact our office, our qualified staff will respond by e-mail or answer your call.  During the initial communication, we determine if your case is the type of case we handle.  If it is not the type of case we handle, we may be able to refer you to an attorney who handles cases in that practice area.  If we handle the type of case you describe, we may follow one of several paths.  In some instances, we will want to meet with you immediately.  In other situations, we will need to review records or conduct research before we meet with you.

Although we have handled cases throughout the country, most of our cases are in North Carolina and Georgia.  It is important that you hire a lawyer who is familiar with the laws of your state. All states have different laws and procedures.  For example, North Carolina is one of only four remaining states with a law of contributory negligence.  The law of contributory negligence greatly affects your ability to bring a negligence claim in North Carolina.

After we have made a determination to accept your case, we discuss the process of handling your case including our contingency fee and the costs.  We will give you an estimate of the costs and our initial assessment of how the case will proceed.

In the beginning, we gather facts to determine how best to present your case.  We may believe that it is best to prepare and submit a settlement package to the defendant.  The settlement package will outline our theories of liability and the damages you have suffered.  We will make a demand in that settlement package with an attempt to negotiate a settlement with the defendant or his/her insurance company.

In today’s climate of avoiding responsibility, very few insurance companies negotiate a claim without a lawsuit.  Therefore, it is increasingly common that insurance companies force us to file a lawsuit.  Insurance companies representing medical providers and the pharmaceutical industry almost always force us to file a lawsuit.

Once the lawsuit is filed, we enter into the pleadings stage. The lawsuit begins with the filing of the Complaint.  The defendants have a set period of time to answer the Complaint. Once the Answer and Complaint are filed, we move from the pleadings stage to the discovery phase.

Discovery involves discovering information about each side’s case.  We produce evidence to the defendant and the defendant produces evidence to us.  Discovery comes in the form of documents, answers to written questions and oral depositions.

Sometime toward the end of the discovery phase, we may have a mediation. Mediation is mandatory in North Carolina.  Mediation requires all of the responsible parties to discuss settlement.  Everyone that has decision-making authority is required to attend the mediation.

If the mediation is not successful, we proceed to trial.  A trial begins with jury selection and ends with the court’s entry of judgment on the jury’s verdict.

Each individual case is fact specific.  It is important that you hire a lawyer who is familiar with handling cases, trying cases and the local jurisdiction.