There are many important procedural rules that parties must follow when it comes to a personal injury lawsuit. If you do not file certain documents by certain deadlines, or fail to respond to certain documents, you may waive your right to compensation. As experienced North Carolina personal injury lawyers, we are well-versed in North Carolina’s rules and can ensure that your claim is handled effectively and appropriately.
A recent appellate opinion highlights how important it is to abide by procedural rules. In the case, the plaintiff filed a complaint against certain defendants, alleging that she suffered injuries as a result of their medical malpractice. The plaintiff dismissed the lawsuit voluntarily over one year after it was filed. Pursuant to Rule 41(d), the plaintiff was required to pay costs upon the voluntary dismissal of the lawsuit. Roughly one year later, the plaintiff filed the lawsuit again, and the defendant responded by filing a motion seeking costs pursuant to Rule 41(d).
Shortly thereafter, the court entered a Consent Order that required the plaintiff to pay costs to the defendant and noted that failing to pay costs within the stated time period would result in the dismissal of the current lawsuit. The defendant emailed a copy of the Consent Order to the plaintiff and later filed a Certificate of Service for the Consent Order. The payment period lapsed, and a few days later the plaintiff notified the defendant via email that a check for costs was being sent. The defendant received the payment but refused to cash the check, stating that it would seek a dismissal of the action pursuant to the Consent Order. The trial court granted the defendant’s motion to dismiss, and the plaintiff appealed.