North Carolina Personal Injury Statute of Limitations (2024)

If you or a loved one has been injured due to the negligence, recklessness, or wrongdoing of another individual or entity, it is essential that you understand the rules and regulations that surround these scenarios to ensure your personal injury claim is given its greatest chance at success. A personal injury attorney can work with you during this time and educate you on the North Carolina personal injury statute of limitations involved in these cases.

When you suffer an injury at the hands of another individual or party, you have the right to seek financial compensation for your losses through a personal injury claim in North Carolina; however, you do not reserve this right forever. There is a time limit on your ability to file a claim and be awarded the damages you have incurred. This is why it is essential to hire an attorney right away for your case. At Ganly & Ramer, P.L.L.C., we are here to help.

North Carolina Personal Injury Statute of Limitations and Exceptions

In the state of North Carolina, there is a statute of limitations that applies to nearly all personal injury cases. This statute of limitations allows individuals to file a personal injury claim within a three-year time frame from the date that their injury occurred. This can apply to personal injuries caused by vehicle accidents, slips and falls, and other premises liability incidents.

It may seem as though three years is a long time, but with everything that happens and must be done prior to filing a personal injury case, this time can quickly run out. You do not want to miss the deadline and find yourself out of legal options as medical bills pile up while you are unable to return to work due to your injuries. The deadline passes quickly, causing many to lose out on this crucial chance and find themselves in financial hardship.

There are some exceptions in specific cases where the statute of limitations may be paused or completely different. This can include:

• Minor Exceptions: Also known as “tolling for minors,” this exception allows the statute of limitations to begin on the individual’s 18th birthday.
• Disability or Incapacity: If the injured individual is disabled or mentally incapacitated, the statute of limitations may be paused until that incapacity or disability is no longer an issue.
• Discovery Rule: In some cases of personal injury, the individual who has suffered harm may not realize or discover their injury until some time has passed since the accident. In these situations, the statute of limitations can begin once they discover their injury or on the date on which the injury should have reasonably been discovered.
• Other Exceptions: There are some specific types of personal injury claims, such as those involving medical malpractice or defective products, which may have differing statutes of limitations.

How To Build a Case Before Your Time Runs Out

Due to the time constraints on personal injury cases in North Carolina, it is important that you consult an attorney right away so they can assist you in building your case before time runs out. The process involved with building a personal injury case can be complicated, and you may want to ensure you take the following actions:

• Investigate the Accident: This can include reviewing police reports, analyzing evidence such as photos and videos, and interviewing witnesses.
• Gather Medical Bills and Records: You will want to obtain and organize all medical documentation, such as treatment records, bills, and any testimony from your healthcare providers.
• Calculate the Damages: Calculate your damages, including any lost wages, the inability to return to work, and ongoing therapy costs as they pertain to non-economic damages, such as pain and suffering and emotional distress.
• Negotiate a Settlement: It is important to hire an attorney who can help you in this step, as the at-fault party and their insurance company will likely try to offer you a low settlement amount in hopes that you will take it out of desperation to cover immediate costs.

FAQs

What Injuries Are Common in a Personal Injury Claim in NC?

There are several injuries that can arise in a personal injury accident in North Carolina that may lead a person to seek a claim for compensation. These injuries can include broken bones, fractures, spinal cord injuries, traumatic brain injuries, head, back, neck, and shoulder injuries, paralysis, concussions, amputations, cuts, bruises, lacerations, and severe burns.

Why Shouldn’t I Wait to File a Personal Injury Claim in NC?

In North Carolina, filing your claim as quickly as possible can be beneficial for a litany of reasons, and not just because you avoid missing the three-year deadline. Often, evidence of a personal injury is time-sensitive, and if you wait too long, it may lose its credibility or vanish completely. Also, personal injury claims are complex and time-consuming, so you and your legal team will need ample time to investigate the accident and build a case.

How Much Does a Personal Injury Lawyer Charge in NC?

It can be difficult to offer an exact number as to how much a personal injury lawyer might charge for their services in North Carolina, as each lawyer is different, and so is each personal injury case. There are certain factors that will likely affect a lawyer’s fees, including the overall complexity of the case and the attorney’s level of experience.

What if I Miss the Personal Injury Statute of Limitations Deadline in NC?

If you miss the statute of limitations deadline for a personal injury case in North Carolina, you will likely lose out on your right to pursue justice and compensation against the individual or entity responsible for the harm and damages you have suffered. This can be extremely difficult for individuals who have incurred significant amounts of medical debt.

Speak With a Trusted Personal Injury Lawyer Today

If you have suffered a personal injury in North Carolina, it is understandable to worry about the time you have to file a claim. The attorneys at Ganly & Ramer, P.L.L.C., can help you file your claim in a timely manner. Contact our office today for more information.