North Carolina statute of limitations for personal injury: What you need to know

When someone else’s negligence causes your injury, you may choose to file a personal injury lawsuit to recover compensation for your injuries. There are many steps to a successful claim, but none are more important than filing the lawsuit on time. 

If you miss the North Carolina statute of limitations, you will lose your chance to seek justice through the courts. However, when you choose an experienced Durham personal injury attorney, you can rest easy knowing they will ensure your case meets every deadline. 

The time limit for most NC personal injury cases is three years

According to North Carolina law, if you want to file a lawsuit against a defendant for personal injury that doesn’t result in death, you have three years to file a claim. You have a personal injury case when you or your property was damaged because another person or company was negligent.  Negligence means that the person or company had a duty to act reasonably, considering the circumstances, and they failed. In most cases, the three-year time period begins on the date of the injury.  Once the time is ip, you will never receive compensation for the damages you have suffered because of the negligent actions.

And when your loved one dies as a result of another person’s negligent actions, you must face filing a case in the midst of tremendous grief. Unfortunately, the statute of limitations for a wrongful death case is even shorter. You only have two years to file your case. 

There are a few exceptions that could extend the date to file a lawsuit. For example, if you are unable to discover you were harmed or that the defendant was responsible until a date after the action that caused the injury, the date of discovery may be the date that starts the statute of limitations running. 

Do not wait to contact a lawyer and to file a lawsuit because you believe you may have a situation that gives you more time to file.  The NC personal injury statute of limitations applies to claims such as car accidents, injuries from known dangers on properties, or from dangerous products. Very few lawsuits will qualify for an extended window to file.  You should know that when you suffer damages from the negligent actions of another, you must act quickly to speak with a personal injury lawyer so they can assess your claim. 

Exceptions to the North Carolina personal injury statute of limitations

In a few situations a plaintiff may file a personal injury lawsuit after three years have passed since the date of injury. The   statute of limitations is “tolled,” meaning that it does not begin to count down the three-year clock in those cases until something else happens, such as reaching the age of 18. When your attorney assesses your claim, they will let you know if any of the following situations apply to your case. 

Legal disability

If the injured person is under a legal disability, the statute of limitations may be extended. Under North Carolina General Statutes section 1-17, legal disability covers a range of conditions, including being under the age of 18 or being found mentally incompetent. When the legal disability is lifted, such as when the child becomes an adult, or the person recovers from their mental condition, then the tolling period ends, and the three-year period runs from that date. But beware! Every case involving an injured minor will not be tolled until the child turns 18.  

Workers’ compensation

If you are hurt on the job, you can file for workers’ compensation benefits. If your employer refuses to provide benefits or denies your claim, you can file a claim to hold them accountable.  Even when your claim is accepted and you receive wage loss or medical benefits, you should file a claim so that you can be sure that any disputes concerning medical treatment, or owed benefits,will be decided by the North Carolina Industrial Commission (NCIC) within two years from the date of the accident or the date you discovered you had a work-related disease or condition.

Federal Law Claims and Lawsuits

Some personal injury claims arise from violations of federal law even when they happen in North Carolina. The federal statute of limitations can be different from the North Carolina statute of limitations in personal injury cases. For example, if you are injured because a van driven by a US postal service employee ran into your car, you would have two years to bring a case. The claims that come from the effects of the contaminated water at Camp Lejeune must be filed within two years of the law passing, by the August 10, 2024 deadline. But some lawsuits in federal court can be filed within three years, because the court  will use the North Carolina statute of limitations in personal injury.  Please consult an experienced attorney as soon as possible to find out which time period applies to your case. 

Waiting too long can negatively affect the quality of your case

Building a case can take months or years, depending on your unique circumstances. Your attorney will need to gather evidence, identify all liable parties, interview witnesses, and negotiate with opposing counsel. Some cases will have to be tried in court. Every skilled legal team benefits from having the maximum amount of time available. 

In fact, if you begin looking for an attorney too close to the personal injury statute of limitations in North Carolina, you may have difficulty obtaining one. Missing the deadline entirely means you won’t be able to file your case and will lose your right to pursue compensation in court.

Instead of losing your right to sue, speak with an experienced lawyer

Don’t lose your chance to fight for your interests when you have suffered harm at the hands of someone else. When you file a lawsuit with the aid of a seasoned injury lawyer, you can recover compensation for your:

• Medical bills
• Property damage
• Lost income
• Emotional distress
• Pain and suffering
• Rehabilitation costs

However, you risk being unable to exercise your rights to pursue a claim if you let too much time go by. To learn more, schedule a free consultation with Johnson & Groninger PLLC  by calling (919) 240-4054.