Personal Injury Mediation in North Carolina
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In North Carolina, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Contributory negligence
Fault System
3 years
Filing Deadline
$12,000 – $58,000
Avg Settlement
How Mediation Works in North Carolina
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in North Carolina. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under contributory negligence, fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
North Carolina Injury Law Overview
North Carolina maintains the strict contributory negligence doctrine, one of only four states to do so. Even the slightest fault on the part of the plaintiff completely eliminates any right to recover damages. This rule makes defendant attorneys aggressively investigate plaintiff conduct for any potential fault, and it makes it imperative for injured victims to avoid making statements before consulting an attorney. The statute of limitations is 3 years. North Carolina does not require no-fault PIP insurance. North Carolina courts see substantial personal injury litigation involving auto accidents on its growing interstate network, construction site injuries, and premises liability at commercial properties. The state caps noneconomic damages in medical malpractice cases at $500,000 under N.C. Gen. Stat. § 90-21.19. North Carolina has no general cap on compensatory damages in other personal injury cases. Punitive damages require proof by clear and convincing evidence of fraud, malice, or willful or wanton conduct, and are capped at three times compensatory damages or $250,000, whichever is greater.