Litigation Attorneys in Asheville
The vast majority of personal injury cases are settled outside of a courtroom. But some cases do require going to trial. Furthermore, even getting a fair settlement without a trial might hinge on the defendant knowing that you are willing to take them to court and that you have a litigation attorney who can win at trial.
An Asheville litigation lawyer from Hensley Cloninger & Greer can advise you on the path most likely to get you a fair and appropriate personal injury settlement.
Call the office at (828) 383-8414 or contact us online to set up an initial consultation with our litigation lawyers in Asheville, NC.
Mediation, Arbitration, & Litigation
When settlement negotiation begins, it can end via several different methods. The most direct option would simply be for the defendant (or the defendant’s insurance company) to get to a fair number that the plaintiff can accept. Suffice it to say, insurance companies often need more than a nudge or two to get them to that fair figure.
If negotiations are at an impasse, mediation might be chosen as an alternative. This is where a third party is brought in, not to settle the dispute, but to open up lines of communication. It’s not uncommon for a “fresh set of eyes,” especially eyes that have seen a lot of personal injury disputes, to see workable solutions that others who are entrenched in the legal fight might miss. Mediation can be attractive in that it is collaborative in nature, with both sides holding veto power over any proposed settlement.
Arbitration is one step up from mediation. The plaintiff and the defendant retain some level of control in that they must agree on who the arbitrator will be. But at that point, an arbitration hearing becomes similar to a courtroom in that the arbitrator has final authority to make a decision that is legally binding on both parties. Arbitration is typically less expensive than going to court, but it is still confrontational in nature and final in its results.
The final option is going to court with litigation. The judge or jury will make the final decision and, of course, that decision will have the full force of law. Litigation is time-consuming, but if you’re not getting a fair settlement offer, it can be worth it. That’s a decision your litigation attorney must advise you on. Get in touch with a skilled Asheville litigation attorney by calling (828) 383-8414.
What Is The Process For A Civil Lawsuit In North Carolina?
The Complaint
A civil lawsuit in North Carolina begins with the creation of a complaint, which is a legal document that details the plaintiff's charges against the defendant as well as the legal foundation for the litigation. The complaint must state the facts of the matter, the legal basis for the claim, and the remedies or damages sought by the plaintiff. Once completed, the complaint must be submitted with the clerk of the court in the proper jurisdiction, together with the applicable filing fee.
- If you are seeking more than $25,000 the case will typically be filed with the Superior Court. The fee is $20.
- If you are seeking less than $25,000 the case will be filed with a small claims court or district court
Serving The Complaint To The Defendant
Following filing, the defendant must get a copy of the complaint and a summons from the plaintiff. The court will issue a summons to the defendant, notifying them about the action and giving them a deadline to answer. North Carolina law mandates that service be carried out in a specific manner. This may include via certified mail in certain situations, or it can be delivered personally by a sheriff or another form of process server.
Defendant Has A Chance To Respond
After that, the defendant has the chance to respond to the complaint by refuting the allegations and outlining any defenses. A default judgment may be requested from the court by the plaintiff if the defendant does not reply within the specified time frame -- usually 30 days.
Discovery And Building The Case
This initial phase sets the stage for the litigation process, which may involve discovery, motions, settlement negotiations, and possibly a trial if the dispute cannot be resolved outside of court. Each step in this process is governed by specific rules and deadlines outlined in the North Carolina Rules of Civil Procedure.
Expert Legal Representation for Complex Cases
When dealing with a complex legal problem, you need a team of seasoned litigation attorneys who can provide competent assistance. Our Asheville-based litigation lawyers at Hensley Cloninger & Greer, P.C. have a successful track record in managing a wide range of litigation situations. Whether you're involved in a commercial dispute, a personal injury claim, or a family law case, our team has the knowledge and experience to navigate the legal system and fight for your best interests.
Benefits of choosing our litigation attorneys include:
- Extensive courtroom experience
- Thorough legal analysis and strategy
- Personalized attention and communication
- Aggressive advocacy for your case
- Proven results in complex litigation
Making the Tough Decisions
Experience matters when it's time to decide whether to go to trial. An experienced litigation lawyer will have a detailed understanding of how your current settlement offer stands up against other cases that are similar to yours. A litigation attorney in Asheville will have a deeper understanding of what your chances are of bettering that settlement in court, and by how much.
No attorney can ever make guarantees on courtroom outcomes, but the more of those outcomes that one has seen, the better the chances of making an accurate assessment.
Hensley Cloninger & Greer has over 30 years of experience fighting for the people of Asheville. We only take clients to litigation when it is necessary and has a probability of success. At the same time, we never back down from a legal fight. We’re proud of the fact that our successes in personal injury cases include both negotiated settlements and courtroom victories. We do what’s best for the client in every situation, and our track record backs that up.
Call (828) 383-8414 or contact us online to set up an initial consultation with our qualified Asheville, NC litigation lawyers.
