Personal Injury Claims & Lawsuits In North Carolina

Common Types of Personal Injury Claims in North Carolina

Each type of injury claim, whether a car accident or medical malpractice, has different defendants and potential success rates. Knowing what you’re up against helps you decide whether to settle or go to court.

The majority of personal injury cases resolve through negotiation and never see a courtroom, according to the Bureau of Justice Statistics. But filing a lawsuit can be an important step in the negotiation process, as it signals that you’re serious. Here are some of the most common personal injury claims in North Carolina:

Motor Vehicle Accident

Who to negotiate with: The at-fault driver’s insurance company.

Who to sue: The negligent driver directly, the trucking company/employer, a negligent repair shop, a vehicle manufacturer, or a local government.

Plaintiff and defendant roles: The injured party is the plaintiff (the person bringing the suit). The defendant is often the driver or other negligent parties who caused the accident, though insurers typically manage the defense.

Trial success rate for plaintiff: Motor vehicle accidents have a high plaintiff success rate nationally at trial, at approximately 64%, according to the Bureau of Justice Statistics.

General Injury

Who to negotiate with: The liable party and/or their insurance carrier. This could be a homeowner’s policy or business liability coverage, depending on the injury scenario.

Who to sue: The person or business whose negligence caused your injury, whether an individual, business owner, or municipality.

Plaintiff and defendant roles: The injured person files as the plaintiff against the negligent party who failed to exercise reasonable care.

Trial success rate for plaintiff: Premises liability claims show roughly 39% plaintiff success rates at trial, per the Bureau of Justice Statistics.

Workers Compensation

Who to negotiate with: You’d negotiate with your employer’s workers’ compensation insurance carrier through an administrative process under the North Carolina Workers’ Compensation Act § 97-58.

Who to sue: You typically don’t sue your employer, but you can file a separate lawsuit against negligent third parties like equipment manufacturers or subcontractors. However, you may sue a negligent employer if they lack workers’ compensation insurance.

Plaintiff and defendant roles: For third-party claims, the injured worker is the plaintiff. The negligent third party, such as subcontractors, manufacturers, or property owners, is the defendant.

Trial success rate for plaintiff: There are no separate studies for third-party work injury claims. They follow typical personal injury success rates depending on the type of accident, such as a car crash, premises liability, or product liability.

Sexual Assault

Who to negotiate with: Typically, negotiations would occur with the perpetrator’s homeowner’s insurance or liability carriers for businesses or institutions that failed to provide adequate security.

Who to sue: The perpetrator directly, plus potentially property owners, employers, or institutions for negligent security or supervision.

Plaintiff and defendant roles: The assault survivor serves as plaintiff. Defendants can include the assailant and any entities that enabled the assault through negligence.

Trial success rate for plaintiff: Intentional tort cases, such as assault and battery, have an approximately 50% plaintiff success rate at trial, according to the Bureau of Justice Statistics.

Dog Bite

Who to negotiate with: The dog owner’s homeowner’s or renter’s insurance policy.

Who to sue: North Carolina follows the “one bite rule,” meaning a dog owner is only liable for injuries if they knew (or should have known) their dog was dangerous. However, the dog owner bears strict liability in North Carolina (under N.C. Gen. Stat. § 67-4.4) if the dog was officially declared dangerous or potentially dangerous, or the owner violated leash laws.

Plaintiff and defendant roles: The bite victim is the plaintiff, and the dog owner is usually the defendant.

Trial success rate for plaintiff: Dog bite claims, listed under animal attack cases, have a high success rate, according to the Bureau of Justice Statistics. Plaintiffs win approximately 75% of trials.

Slip and Fall

Who to negotiate with: Property owners or business liability insurance.

Who to sue: The property owner or manager who failed to maintain safe conditions or warn of dangerous conditions.

Plaintiff and defendant roles: The injured person must prove the property owner knew or should have known about the dangerous condition.

Trial success rate for plaintiff: Slip and fall claims fall under premises liability, and such cases have a success rate of around 39% at trial.

Medical Malpractice

Who to negotiate with: Healthcare providers’ medical malpractice insurance carriers.

Who to sue: Individual healthcare providers and the medical facilities that employed them. Expert testimony is generally required to prove standard-of-care violations in medical malpractice claims.

Plaintiff and defendant roles: The patient or their family (if the patient is deceased) serves as plaintiff. Defendants include treating physicians or hospitals whose negligence caused injury.

Trial success rate for plaintiff: Medical malpractice cases are challenging, and plaintiffs win only about 23% of trials, according to Bureau of Justice Statistics data.

Filing a Personal Injury Claim

Most injury claims begin with insurance notification and only progress if the victim is unable to recover adequate compensation. If you can’t recover what you deserve with an insurance claim, your attorney can move forward and file a personal injury claim in a North Carolina court. Here are the steps involved:

• Step 1: Send a Demand Letter. Your attorney prepares a formal letter outlining what happened, who is liable, and the compensation you are seeking.
• Step 2: Negotiate with the Insurer. The insurer will likely counter with a lower offer. Successful negotiation means rejecting lowball offers and letting your attorney do the talking. Most cases (60-70%) settle during this phase without requiring a lawsuit.
• Step 3: File a Lawsuit. If negotiations fail, your attorney files a civil complaint (Form AOC-CV-100) in the appropriate North Carolina court. This involves paying the appropriate court filing fees and serving the defendant with legal papers. Remember to observe the three-year statute of limitations (deadline for filing a lawsuit).
• Step 4: Discovery Process. During discovery, both sides exchange evidence and answer questions under oath. This phase can last several months.
• Step 5: Negotiation, Mediation and Settlement. Most cases settle during negotiations as trial approaches. Some cases go to court-ordered mediation.
• Step 6: Trial. If a settlement can’t be reached during the pre-trial phase, the case goes before a judge or jury, who determines liability and potentially damages.

Typical Personal Injury Settlement Amounts In North Carolina

Settlement values in North Carolina vary dramatically based on injury severity and other factors. The average personal injury settlement is approximately $40,500 in 2025, but severe injuries can push settlement amounts much higher.

North Carolina cases involving permanent disabilities can result in significant settlements due to a victim’s ongoing care needs and lost earning capacity. For example, cases involving paralysis or permanent loss of function can reach into the hundreds of thousands of dollars or even result in verdicts worth millions of dollars in North Carolina.

When You Need to File a Lawsuit

Unfortunately, insurance companies may deny valid claims or offer insultingly low settlements that don’t compensate you properly. Common situations requiring a lawsuit include fault disputes, lowball offers that don’t even cover the victim’s medical costs, and outright denials of valid claims.

While only 15-20% of claims end up as a lawsuit, and even fewer cases (3-5%) actually go all the way to trial, filing a lawsuit can give you the leverage you need to get a fair settlement from an insurance company that’s dragging its heels. Cases often settle after the lawsuit reveals the strength of evidence, whether it’s during mediation or just before trial.

Get Matched With a Personal Injury Lawyer in North Carolina

North Carolina’s strict contributory negligence rule (N.C. Gen. Stat. § 1-139) makes legal representation vital. Insurance companies use this harsh law to deny claims by alleging the victims had minimal fault. But experienced local attorneys know how to counter these tactics.

Most North Carolina personal injury lawyers work on contingency, meaning you only pay an attorney’s fee if you win and recover compensation.

ConsumerShield simplifies finding qualified North Carolina personal injury lawyers. Rather than scouring the internet and calling dozens of firms, we effortlessly match you with vetted attorneys who handle your specific type of case. Remember, the sooner you speak with an attorney, the better they can protect your rights and fight for maximum compensation.