If you’ve been injured in North Carolina due to someone else’s negligence, it is essential to understand the statute of limitations. The statute of limitations is the timeframe that a plaintiff has to file a personal injury lawsuit.
Read on to learn everything you need to know about the North Carolina statute of limitations for personal injury cases, including what it is, when it applies, exceptions, and what to do if you think you have a personal injury claim.
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What is the North Carolina Statute of Limitations for Personal Injury Cases?
The statute of limitations is a law that limits the amount of time you have to file a lawsuit to seek compensation for injury or harm caused to you due to someone else’s negligence. In North Carolina, the statute of limitations for personal injury claims is three years from the date of the incident that caused the injury.
It’s important to note that if the victim dies as a result of the injuries sustained from the accident, the family has only two years to file a wrongful death claim.
When Does the North Carolina Statute of Limitations Apply?
The three-year statute of limitations applies to most personal injury cases that occur in North Carolina. Some examples of personal injury incidents that might fall under this statute include:
- Car accidents caused by reckless driving
- Slip and fall accidents in a store that resulted from dangerous conditions
- Injuries sustained due to defective products
- Medical malpractice
- Pedestrian or bicycle accidents
Exceptions to the North Carolina Statute of Limitations
There are some exceptions to the statute of limitations in North Carolina. In some cases, the three-year clock might begin to run from a later date, rather than from the date of the incident. Here are some exceptions to the statute of limitations that might affect the timeframe for filing a personal injury lawsuit:
Discovery Rule
If someone is injured or becomes ill as a result of exposure to a toxic substance, the discovery rule might apply. In these cases, the statute of limitations may begin from the date when the victim discovers the connection between their illness or injury and the exposure to the toxic substance.
Minors
If the victim is a minor, the statute of limitations clock may not begin until the minor turns 18. This means that the three-year clock does not start ticking until the victim’s 18th birthday.
Government Entities
If the personal injury claim is against the government or government agency, there are specific rules that apply. For instance, the victim must provide notice of their intent to sue the government at least six months before the lawsuit.
What Happens If You Miss the Statute of Limitations Deadline?
If you fail to file a personal injury lawsuit within the timeframe set by the North Carolina statute of limitations, the court might dismiss your claim. Once the statute of limitations expires, you lose your right to file a lawsuit against the person or entity that caused your injury.
What Should You Do if You Think You Have a Personal Injury Claim?
If you believe that you have a personal injury claim in North Carolina, it’s essential to act promptly. Contact a personal injury attorney as soon as possible to determine whether you have a valid claim.
An experienced personal injury lawyer can guide you through the process and help you avoid missing the statute of limitations deadline. They can also help you gather the evidence needed to prove your claim, negotiate with insurance adjusters, and represent you in court if necessary.
Final Thoughts
Understanding the North Carolina statute of limitations for personal injury claims is critical if you’ve been injured. The three-year deadline applies to most personal injury cases, and missing it can result in you losing your right to recover damages from the negligent party.
Contacting an experienced personal injury attorney can help you build a strong case and ensure that your rights are protected. Don’t wait until it’s too late – act now to seek the compensation you deserve.