Timelines, Settlements & Scenarios
Understand the Steps, Know Your Rights, and Protect Your Future
If you've been injured due to someone else's negligence, you might be wondering what happens next. How long does a personal injury case take? Will you have to go to trial? What kind of compensation can you expect?
These are common — and very reasonable — questions. At Shankle Law Firm, we understand that the legal process can feel overwhelming, especially when you're also trying to recover from a physical injury or emotional trauma. This article provides a general overview of how personal injury cases typically unfold in North Carolina, from start to finish.
Important Note: Every case is different, and this article is not a substitute for personalized legal guidance. We recommend speaking directly with an experienced personal injury attorney to evaluate your options.
Step 1: Seeking Medical Attention and Contacting an Attorney
Before anything else, your health and safety come first. If you haven’t already seen a doctor after your accident, it’s critical to do so right away — both for your well-being and for documenting the injury for your case.
Once you’ve addressed immediate medical needs, reach out to a personal injury attorney. Early legal help ensures that your rights are protected from day one. At Shankle Law Firm, we offer free consultations so you can understand whether you have a valid case — and what steps to take next.
Step 2: Investigation and Case Building
If your attorney believes you have a valid claim, they’ll begin collecting the evidence needed to support your case. This may include:
- Medical records and bills
- Photos of injuries or property damage
- Police reports or incident reports
- Witness statements
- Expert opinions (medical professionals, accident reconstructionists, etc.)
This process helps determine liability (who’s at fault), as well as the extent of your damages — including medical expenses, lost wages, and pain and suffering.
Timeline: Case investigations may take several weeks to several months depending on the complexity of your injury and the availability of records and witnesses.
Step 3: Filing the Personal Injury Claim
Once your case is fully evaluated, your attorney will either:
- File a claim with the at-fault party’s insurance company, or
- File a lawsuit in court if a fair settlement seems unlikely
Many personal injury cases settle without ever going to court — but having a trial-ready attorney can strengthen your position during negotiations.
What’s the Deadline to File?
In North Carolina, the statute of limitations for most personal injury claims is three years from the date of the accident, as outlined in N.C. Gen. Stat. § 1-52. If your injury was the result of a car accident, slip and fall, or similar incident, waiting too long could bar you from ever filing a claim.
Step 4: Settlement Negotiations
In many cases, once a claim is filed, the insurance company will respond with a settlement offer. Your attorney will review this offer and advise whether it’s fair based on:
- The severity of your injuries
- Future medical care needs
- How the injury has affected your ability to work
- Emotional and physical pain
- Any long-term or permanent impairment
Negotiations can go back and forth multiple times. If a fair agreement is reached, the case settles — and you’ll receive compensation, typically within 30 days though it may be longer.
Timeline: Negotiations may take a few weeks to several months. Factors include insurance responsiveness and the complexity of the claim.
Step 5: Filing a Lawsuit and Entering Litigation (If Needed)
If the insurance company refuses to offer fair compensation, your case may move to litigation. This doesn’t mean you’re automatically going to trial — many cases still settle before reaching the courtroom.
Litigation involves formal steps like:
- Discovery (both sides exchange evidence)
- Depositions (interviews under oath)
- Mediation or court-ordered settlement conferences
- Pre-trial motions and hearings
Throughout this process, your attorney will keep you updated and prepared.
Step 6: Trial (If the Case Doesn’t Settle)
If no settlement is reached, your case goes to trial. A judge or jury will review the evidence and decide:
- Who is at fault
- Whether damages are owed
- How much compensation you should receive
At trial, your attorney presents evidence, examines witnesses, and argues on your behalf. Keep in mind: most personal injury trials in North Carolina are civil cases — not criminal proceedings — and the burden of proof is preponderance of the evidence, not beyond a reasonable doubt.
Timeline: From filing a lawsuit to trial can take a year or longer, depending on the county and court schedules.
Step 7: Compensation and Closure
If you win your case or reach a settlement, you’ll receive a compensation award based on your documented losses. Common types of compensation include:
- Medical expenses (past and future)
- Lost wages and loss of future earning capacity
- Pain and suffering (emotional distress, loss of enjoyment of life, etc.)
- Permanent injury or disfigurement
- In some cases, punitive damages may be available if the at-fault party acted with gross negligence (e.g., drunk driving)
Your attorney will also review any liens (e.g., medical providers or insurers seeking repayment) and ensure your award is distributed properly.
Why Having an Experienced Attorney Matters
A personal injury lawsuit can be lengthy and emotionally draining — especially if you're recovering from serious injuries. Working with an experienced attorney ensures:
- Your rights are protected at every step
- You don’t accept an unfair settlement
- You’re not overwhelmed by complex legal and insurance systems
- You understand what’s happening and why
Maggie Shankle and her team have decades of experience navigating the North Carolina legal system — both inside and outside of the courtroom. When you work with Shankle Law Firm, you’re not just hiring an attorney — you’re gaining a legal team that truly cares about your future.
Let Shankle Law Firm Help You Take the Next Step
If you or a loved one has been injured and you're unsure what happens next, we're here to help. Call us at (704) 370-1212 for a free consultation. We’ll listen, explain your rights, and help you make informed decisions about your case.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.