Short Answer

In North Carolina, rejecting a final offer means you will pursue your claim in court, where a judge or jury decides liability and damages. You could recover more than the offer—or nothing at all—because North Carolina uses a strict contributory negligence rule. Expect a court-ordered mediation before trial, possible cost-shifting risks tied to offers of judgment, and repayment of medical liens from any verdict.

Understanding the Problem

You want to know what happens in North Carolina personal injury cases if you say no to a combined bodily-injury settlement and go to trial. You are the injured person deciding whether to accept or litigate. The decision turns on whether you can prove the other driver’s fault and your damages, and whether timing (like the three-year filing limit) affects your options. One key fact here: after fees and medical liens, you would net less than half of the current offer.

Apply the Law

North Carolina courts decide two big issues at trial: liability (fault) and damages (what your injuries are worth). North Carolina follows “pure contributory negligence,” which means if you are even slightly at fault, you may be barred from any recovery unless a narrow exception applies. Most Superior Court injury cases are ordered to mediation before trial. If you file suit, you must meet the statute of limitations, and any judgment can include interest and taxable court costs. Medical and health plan liens are paid from any recovery before you see your net.

Key Requirements

• Liability: Prove the defendant’s negligence caused the crash and your injuries.
• No contributory negligence: If you were even 1% at fault, your claim can be barred absent a narrow exception.
• Causation and damages: Link your whiplash, shoulder, and back injuries to the crash and show reasonable medical bills, lost wages, and impacts.
• Deadline to sue: Personal injury claims generally must be filed within three years of the crash.
• Mediation before trial: Expect a court order to attend a mediated settlement conference.
• Costs, offers, and liens: Be aware of offer-of-judgment cost risks, taxable court costs, and mandatory repayment of medical liens from any verdict.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—three years for negligence) - sets general deadlines to file personal injury claims.
• North Carolina Gen. Stat. § 7A-38.1 (Mediated settlement conferences) - most Superior Court civil cases are ordered to mediation.
• North Carolina R. Civ. P. 68 (Offer of judgment) - creates cost-shifting if a verdict is not more favorable than the offer.
• North Carolina Gen. Stat. § 24-5(b) (Prejudgment interest) - allows interest on compensatory damages from the filing date in tort cases.

Analysis

Apply the Rule to the Facts: You believe the combined offer undervalues your whiplash, shoulder, and back injuries. At trial, you must prove the other driver’s negligence and the full extent of your damages. If any credible evidence shows you were partially at fault, contributory negligence could bar recovery entirely. Even if you win, liens and fees still come out of the verdict; if you lose or do worse than a formal offer of judgment, you could owe more in taxable costs.

Process & Timing

1. Who files: The injured person (plaintiff). Where: District Court (generally ≤ $25,000) or Superior Court (generally > $25,000) in the county where the crash occurred or where a defendant resides. What: Civil Summons and Complaint stating negligence and damages; request a jury if desired. When: File within three years of the crash; courts typically order mediation after the case is at issue.
2. The court issues an order to mediate; parties must select a mediator within a short deadline and attend in good faith. Discovery, depositions, and motions follow. Time to trial varies by county and docket.
3. If no settlement, the case proceeds to a jury or bench trial. The court enters judgment, which may include taxable costs and interest. Liens are paid from the judgment before disbursement.

Exceptions & Pitfalls

• Contributory negligence: Any share of fault can bar recovery; exceptions are narrow.
• Offer-of-judgment risk: If you reject a Rule 68 offer and the verdict is not more favorable, you may have to pay the other side’s post-offer taxable costs.
• Mediation compliance: Courts can sanction parties who fail to attend or participate in ordered mediation.
• Liens and subrogation: Health providers and plans may have statutory or contractual liens that must be paid from any recovery.
• Interest and costs: Prejudgment interest can increase a verdict; taxable court costs add up and are separate from attorney fees.
• Timing traps: Waiting too long risks missing the filing deadline or losing leverage before mediation.

Talk to a Personal Injury Attorney

If you're weighing a final offer versus trial in a North Carolina injury case, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.