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Personal Injury Resources

Formal vs. Informal Personal Injury Lawsuits

Personal injury cases can be work related from an auto accident or other fault of a third party.

Getting an attorney who handles both cases is best to coordinate your benefits. A personal injury case typically either develops into a formal lawsuit or an informal settlement depending on the situation. Formal lawsuits are civil court proceedings that allow an injured individual to seek and find the responsible party legally at fault through a court ruling. Informal settlements are more common than formal lawsuits, as this option allows an accident or injury case to be resolved between the individuals/businesses, insurers, and attorneys representing both sides. Settlements start with negotiations and result in a written agreement that prevents either side from taking further action in the future, such as a formal lawsuit. The matter is solved through an agreed upon amount of money.

Informal vs. Formal Personal Injury Lawsuits

Statute of Limitations

Injured individuals must understand there is a time limit in which they can file a lawsuit, which is also known as their “statute of limitations.” If they try to sue after their time limit, their claim is barred and the one “at fault” automatically wins. Both North Carolina and South Carolina’s “injury to a person” statute of limitations is three years from the date of the accident.

No matter the situation, personal injury cases require a complete and confident understanding of facts, laws, and legal processes. If you or someone you know has been injured, we recommend consulting with one of our experienced personal injury attorneys. We’ll review your case with you and help determine whether you should pursue a lawsuit.