• How long will the trial last?
• Will I need to testify?
• Are there extra costs incurred?
• Do I have any other options?
• Why won’t the Insurance Company pay my claim?

Taking a case to Court is one option available to an experienced lawyer. The key is knowing when to negotiate and when to fight – Danny Glover

Why would a case go to trial?

Sometimes cases “go to trial” because they have to, not because the person hurt wants to argue in Court. In fact, most people just want to get what’s fair, settle-up, and move on with their lives.

Unfortunately, that’s not always how things work.

Contrary to people might think, the system isn’t always fair. As an attorney experienced handling Wreck and Accident cases involving cars, motorcycles, and even bicycles, it’s not usual to have a conversation with a client, where occasionally harsh realities, are exposed about the Personal Injury system.

We hear things like, “Wait, they caused the wreck. No one disputes that. Why are they fighting the claim? Why are they saying I did something wrong? I’m not asking for a bunch of money, I just want my bills paid. I want my car fixed. Why are they being this way?”

Here’s the hard truth: Insurance Companies make money by settling claims for less than they are worth. In fact, they make the most money when they pay nothing.

If people were always treated fairly by the carriers, I wouldn’t have a job. People wouldn’t need a lawyer – Danny Glover

Obviously there are always two sides to a story. There are times when reasonable minds can disagree.

Wrecks can be caused by the fault of several people. In North Carolina, we have some pretty tough laws regarding that.

We remain one of the few states in the country that rigidly applies the Contributory Negligence doctrine.

If you are involved in a wreck, you will find out very quickly how important that legal term is. “Contrib” is more than just a term lawyers use in Court.

MORE INFO: What to Do After You’ve Been In a Traffic Accident this Holiday Season

It has consequences.

If you are deemed, “Contributorily Negligent” in a wreck you get nothing. Zero.

Even if the other person is 99% at fault and you did one, minor, thing wrong, you get nothing.

Doesn’t seem very fair, does it?

Who does that benefit? The Insurance Companies. That’s because in most circumstances, it’s the Insurance Company paying the claim, NOT the person who caused the wreck.

It’s possible for the Defendant to be “sued individually,” and in cases where the amount of insurance coverage isn’t enough, they may be personally liable.

But as lawyers, we are not even allowed to mention, in court, that there is insurance or an insurance company involved.

Again, that may not seem very fair; but, that’s the law in North Carolina.

As such, a decent number of cases go to trial to determine just that. Who was at fault? Was there Contributory Negligence?

Jurors are asked things like:

• What the Defendant negligent?
• Did the Defendant cause the accident?
• Was Defendant’s negligence the reason for the wreck?
• Were the Plaintiff’s Injuries and Damages a result of the wreck?
• Was the Plaintiff responsible, even in part, for the accident?

Lawyers use terms like “direct” or “proximate cause” in trials.

Modified Transcript of “How Long Does It Take to go to Trial” for the Hearing Impaired

It depends on what part of the state you’re in. In Northeastern North Carolina, we’re very rural and our courts don’t meet nearly as often as they do in Raleigh or Charlotte.

In Elizabeth City, Manteo, Currituck, Chowan County, it typically takes somewhere between a year and two years for the entire litigation process to work its way through.

That would include written discovery, depositions, mediation, medical depositions, and then eventually, you get to a point where the case is ready for trial. Then you wait your turn.

So, a year to two years, but remember that a settlement can be reached at any point during that process.

I’m Danny Glover with the Glover Law Firm. If you have any questions about your car wreck, give me call. It’s completely free. It’s confidential. I’ll be happy to talk to you. (252) 299-5300

Proof of Insurance

This applies to both automobile, homeowners, business and umbrella liability insurance coverages, as well as health insurance.

Unfortunately, the fact that neither side to a lawsuit can tell the jury about how much liability or health insurance the other side has often complicates the case and/or confuses the jury.

In North Carolina evidence of insurance is typically not admissible in court – Danny Glover

Many times a jury incorrectly concludes that a plaintiff who is suing for injuries has already received all of the other person’s automobile insurance and is in court simply to try to get the other person’s personal money or assets.

Or, sometimes the jury concludes that the responsible person must have no insurance or the case would have already been settled with the insurance company.

See More: Personal Injury Cases in Eastern NC

This is almost never true, as insurance companies typically will not pay any money for injuries or losses until or unless the entire case has been resolved.

Therefore, if you are ever sitting on the jury of a personal injury case, never assume that the plaintiff has already been paid anything, because most of the time the plaintiff has not been paid anything, and never assume that the responsible person does not have insurance, because most of the time they do.

Juries also often incorrectly conclude that the plaintiff’s health insurance has already paid all of the medical bills.

See More: North Carolina Rules of Evidence

This is also often untrue, as many health insurance companies, as well as Medicare, are considered secondary payors that do not have to pay until the primary insurance company, i.e. the automobile liability insurance company, has paid what it owes.

Further, more and more medical providers, including our local hospital, are refusing to bill health insurance companies for car wreck medical treatment.

This is because the hospital or other medical provider is trying to get paid more from the car wreck settlement than it would be paid by the person’s health insurance, Medicare or Medicaid.

If you are ever sitting on the jury for a personal injury case, you should assume that none of the medical bills have been paid – Danny Glover

These things often result in a person being injured through no fault of their own but being unable to use their own health insurance while at the same time having to deal with an automobile or homeowners insurance company that will not pay a fair settlement.

In fact, is you are going to assume anything, it would be that none of the medical bills have been paid.

Besides, if some of the medical bills have already been paid by health insurance, oftentimes the plaintiff will have to reimburse the health insurance company, especially Medicare, Medicaid and other government benefit sources, from any personal injury settlement or recovery that the plaintiff receives, which is yet another thing that a jury is often not allowed to hear about.

Settlement negotiations:

In most court cases neither side is allowed to mention or present evidence of any previous settlement negotiations or previous settlement offers by either side.

The applies in both criminal and civil lawsuits.

Again, it would be a mistake to assume that one or both sides has not already tried to settle or resolve the case.

Most times, there have already been extensive settlement negotiations, but the two parties to the case, for any number of reasons, have been unable to resolve the case short of a trial.

Danny Glover, Jr.
Glover Law Firm
Danny@DannyGloverLawFirm.com
252-299-5300
Past President, North Carolina Advocates for Justice