North Carolina Personal Injury Statute of Limitations (2024)

A statute of limitations is the legally defined timeframe within which you must file a claim after an incident occurs. In personal injury cases, this period allows time for injured individuals to seek justice and compensation. Each state has its own rules, and in North Carolina, the personal injury statute of limitations is set at three years, but certain exceptions or nuances can affect this deadline.

What Qualifies as a Personal Injury Case in North Carolina?

Personal injury law in North Carolina deals with various types of cases where an injured person was caused by another’s negligence or misconduct. These range from car crashes to slip and falls, medical errors, and even defective goods.

The basic premise of a personal injury claim is that the harm was directly the result of someone else’s carelessness, carelessness, or intentional act. These are elements that our law firm focuses on determining and proving on behalf of your client in a way that is persuasive for you to be compensated.

General Personal Injury Statute of Limitations in North Carolina

For most personal injury cases in North Carolina, the limitation period is three years from the time of injury. The three-year deadline is usually a window when the victim is entitled to money for medical costs, lost wages, pain and suffering, and other injuries that result from another person’s negligence. Your right to sue should always be preserved during this time. Among them are standard personal injury lawsuits like:

• Car accidents
• Motorcycle accidents
• Slip and falls
• Medical malpractice
• Workplace injuries due to third-party negligence

Exceptions to the Standard Statute of Limitations

While three years is the standard, certain circumstances can alter the statute of limitations in personal injury cases. These exceptions typically include examples like the following:

• Discovery rule. If an injury or disease is discovered after the date of the first incident, the statute of limitations will begin on the date that the injury was found or ought to have been found with reasonable care. This is typically true of medical malpractice cases or the use of toxic substances.
• Minors. If a minor is injured, the statute of limitations may be “tolled,” or suspended, until the minor turns 18. After that, typically, they have three years to claim. This exemption lets young victims seek payment once they’re legal adults.
• Accidental death. For an accidental death, the time limit begins two years from the date the death took place and not the date of the accident. It can be claimed in damages on behalf of the deceased by the deceased’s family or executors within this period.
• Reps of government agencies. If you are an agent for a government agency in North Carolina, there are other limitations.

Why Acting Quickly Is Important

The statute of limitations is there to keep the case open when the evidence and testimony are still new. When you wait to make a claim, it is difficult to collect documents, find witnesses, and establish a good case. This will also give your lawyer time to negotiate with insurance companies and ready yourself for trial if you are called.

Beginning the claim process as soon as possible can help ensure that you won’t miss the statute of limitations deadline, which will prevent you from pursuing any compensation.

FAQs

Can the Statute of Limitations Be Extended in Any Circumstances?

North Carolina law adheres strictly to the statute of limitations, with only a few exceptions like the discovery rule and minor cases. However, in rare situations, courts may consider equitable tolling if a plaintiff can prove that they were prevented from filing on time due to extraordinary circumstances, though this is uncommon. Consulting an attorney ensures you understand whether any exceptions apply to your specific case.

What Happens if I File a Claim After the Statute of Limitations Expires?

If you file after the statute of limitations has run out, the court may drop your case and prevent you from ever pursuing restitution. These deadlines are usually imposed by North Carolina courts, which makes filing a claim after the statute of limitations not very easy. This is why you should always file on time and get an attorney in the early days.

How Does the Statute of Limitations Apply to Minors in Personal Injury Cases?

For minors, the statute of limitations may be tolled until the child reaches 18 years of age. Once they turn 18, they generally have three years to file a personal injury claim. This rule allows minors who suffered injuries to have the right to pursue compensation even if their injury occurred during childhood.

Do I Need a Lawyer to File a Personal Injury Claim Before the Statute of Limitations Expires?

You can make a claim on your own, but by hiring a lawyer, you can be certain that your claim is properly prepared, that all deadlines are adhered to, and that you know the ins and outs of your case. An experienced attorney will gather evidence, negotiate with the insurers, and make your case strong to get the most compensation. Proper legal counsel helps keep you from missing crucial deadlines.

What if I Wasn’t Aware of My Injury Right Away?

If you didn’t immediately suspect you were hurt, North Carolina’s “discovery rule” may apply. This allows for the statute of limitations to commence on the date you learned about, or reasonably ought to have learned about, the damage. This exception is particularly true for an injury that has a late onset, such as some disease. Consult with an attorney about how the discovery rule could affect your deadline.

Protect Your Right to Compensation with Law Office of Lyndon R. Helton, PLLC

The North Carolina personal injury statute of limitations is crucial to understand when seeking compensation for injuries. Missing these deadlines can prevent you from recovering damages, so acting promptly is essential. Law Office of Lyndon R. Helton, PLLC, is here to help you navigate these timelines and pursue your right to compensation. If you are a Burke County, Catawba County, and Caldwell County resident, contact us today for a consultation, and let our team support you in securing the justice and financial relief you deserve.