At Lewis & Daggett, we know that many of our clients have never been involved in a lawsuit before and may find the process intimidating. The information below is designed to explain how the litigation process works and what you can expect. As always, if you have questions, please contact us for more information. If you are looking for information on the Eminent Domain Litigation Process, click here.

How does the lawsuit begin?

We prepare a written Complaint which tells the other side what we claim happened in your case. We must tell them in this Complaint about your injuries and why they are at fault in causing the injuries. This Complaint is normally delivered to the other side by a deputy sheriff within a few days after we file it with the Clerk of Court.

How much money are we asking for in the lawsuit?

Under North Carolina law, when we file the Complaint, we are only allowed to ask for damages “in excess of $10,000.00.” This means that we are asking for damages of more than $10,000.00. Later in the case, we will determine the exact amount we are seeking. As is our custom, we will keep you advised about all settlement negotiations.

What happens after the Complaint is filed?

The defendant is allowed thirty (30) days (from the day the lawsuit is delivered to the defendant) to file a written Answer. The defendant can automatically get a thirty-day extension of time to file the Answer. Therefore, there will usually be a period of 60-75 days from the time we file the lawsuit until we can take further action.

What happens after the Answer is filed?

This is when discovery begins. Discovery means that both sides have a right to ask questions of the parties and any witnesses in order to find out as much as they can about the case.

Discovery is normally done either by Deposition or Interrogatories. In a Deposition, the lawyers are entitled to ask questions of a witness, just like they would in the courtroom. WE HAVE A VIDEOTAPE WHICH YOU CAN VIEW IN OUR OFFICE AT YOUR CONVENIENCE, WHICH EXPLAINS THIS PROCEDURE IN DETAIL.

Interrogatories are written questions which the witness must answer within thirty (30) days. We are permitted to assist you in preparing these answers. However, you must read them and swear under oath that the answers which you provide are true and correct to the best of your knowledge. Accuracy in both the Answers to Interrogatories and in the Deposition is critical, since inaccurate answers or untruthful answers can be used against you in the event of an actual trial.

Can my case be settled during litigation?

Yes. Approximately 95 percent of all cases are settled, even after suit is filed. On the average, there is usually less than a 5 percent chance that your case will actually proceed all the way through a jury trial.

How long will it take to conclude my case?

The length of time necessary to conclude a lawsuit varies greatly, depending upon the nature of your case and the length of time it takes for you to complete your medical treatment. As a general rule, however, it normally takes at least twelve (12) months for a case to be concluded once a lawsuit is filed. It is not unusual for cases to take 18-24 months or longer to actually conclude. However, we do continue with efforts to settle your case throughout the time your lawsuit is pending.

How and when is my case scheduled for trial?

The date of your trial is usually determined by the Trial Court Administrator. Cases must be at least eight (8) months old before they can be scheduled. Normally, approximately 25-30 cases are scheduled for trial during any given week of Court. However, we will have to wait, on stand-by, until the cases ahead of yours are either settled or tried to a conclusion. Usually at least 5 or 10 cases are either settled or concluded during a particular week. Therefore, even if we are not first, we must prepare your case and be ready for trial.

We normally receive notice approximately 6-8 weeks in advance, warning us that your case is being scheduled for trial. However, some counties are giving us less advance notice. We will contact you and your witnesses at that time to confirm that you are ready to proceed. If you are, we will try our best to conclude our case. If your case is not ready for trial, or if the case is not reached for trial during your week of Court, the case is normally continued for at least another month and rescheduled in the same fashion.

What happens at trial?

A trial involves selection of the jury, opening statements by both attorneys telling the jury what the case is about, presentation of evidence by both sides, in which we call witnesses to testify on your behalf, closing arguments by both attorneys, and instructions from the judge to the jury.

We have a videotape you may view near the trial date which explains this process in more detail. We will also discuss this process with you at greater length as your actual trial date approaches. We will answer all questions you may have about the process.

If this process seems complicated, be assured that the staff of Lewis & Daggett will guide you through each step.

What are the different types of injuries and damages?

Personal injury is basically any harm which you as an individual sustain, including physical injuries, and emotional trauma.  Examples of physical injuries include fractures, burns, lacerations, amputations, and trauma to the body which will manifest itself in physical pain and suffering.  Injuries also may include emotional trauma which may result from an actual physical injury or from witnessing the death of a loved one.  Click here for further information on Injuries and Damages.