North Carolina Personal Injury Statute of Limitations
Key Takeaways
- North Carolina personal injury statute of limitations is generally three years from the date of the accident or injury to file a lawsuit.
- Missing the filing deadline can permanently bar you from recovering compensation, regardless of how strong your case may be.
- Certain exceptions may extend the deadline, including cases involving minors, incapacitated individuals, delayed injury discovery, or government entities.
- Acting quickly after an accident helps preserve evidence, secure witness testimony, and protect you from insurance company delay tactics.
- An experienced North Carolina personal injury lawyer can determine which filing deadlines and legal exceptions apply to your case.
Understanding Time Limits for Personal Injury Claims in North Carolina
The statute of limitations is a law that sets a time limit for filing a claim for a particular cause of action. Like all states, North Carolina has a statute of limitations for personal injury claims. In general, it is within three years of the accident that caused the injuries.
You must act promptly after an accident to protect your right to seek compensation for your losses. If you file a personal injury claim after the deadline has passed, the court hearing the case will most likely dismiss it on a motion from the defendant, regardless of how strong your case otherwise would be.
What Is the Statute of Limitations for Personal Injury in North Carolina?
The North Carolina personal injury statute of limitations sets a three-year deadline for filing a lawsuit. In most cases, the clock starts ticking on the day of the injury. However, there are some narrow exceptions to the rule.
Note that the lawsuit need not be concluded within three years. Rather, the statute of limitations in NC means that the lawsuit needs to be filed with the court within three years. The legal process can continue as long as necessary to resolve the case.
When Does the Statute of Limitations Start Running?
In most cases, the clock starts running on the statute of limitations at the moment of injury. However, the law also recognizes that there are some situations where the injured person might not initially be aware that they have been hurt.
For example, in cases of medical malpractice, it might take some time before the injured person begins to notice symptoms. In such cases, the start date is the day the person discovers, or reasonably should have discovered, that they were injured, rather than the date of the injury.
If you have any questions about how long you have to file your claim, get in touch with a personal injury lawyer at Kornbluth Ginsberg Law Group, P.A., right away. Even if you think you might have waited too long, you should still contact us to see if an exception might apply to your unique situation.
Exceptions to the North Carolina Statute of Limitations
North Carolina law recognizes several exceptions that can extend the three-year statute of limitations. In these cases, the limitations period tolls, or pauses, until a triggering event occurs.
Some of the most common situations that extend the filing deadline involve:
- Minors – Only adults can bring personal injury claims under most circumstances, so the statute of limitations for an injured child does not start running until they turn 18. For example, a child who was injured in a car accident when they were 12 can file a lawsuit against the driver who caused the accident as soon as they turn 18 and until they turn 21, at which point the three-year deadline has ended.
- Incapacitated individuals – People deemed mentally incompetent by a court cannot bring legal action. The tolling period for an incapacitated individual will end on the date that a court finds them to be mentally competent to act on their own behalf.
- Delayed discovery – The statute of limitations will not begin running until the injured person is actually aware that they have been hurt, or reasonably should be aware with ordinary diligence. The discovery rule exception is particularly common in instances of negligent medical care. For example, if a surgeon accidentally left a piece of cotton inside a patient, the patient might not be expected to know about the issue until they have started to notice symptoms, like feeling pain in the site and developing a fever because of infection.
Another exception exists for injuries where government entities are to blame. The law generally shields governments from being sued unless the governmental body agrees to be sued under the Tort Claims Act.
Most municipalities, state government agencies, and federal government entities require an injured person to file notice of their claim with them before they will consent to be sued. The notice periods can be as little as a few months or as long as a few years. If you suspect a government employee or agency was to blame for your injury, talk to our lawyers immediately.
What Happens If You Miss the Deadline?
If you miss the deadline on your case, the person responsible for your injury can file a motion for dismissal with the court hearing the case. The court is almost certain to accept this motion if it is accurate, in which case:
- The court will not hear your case, no matter how strong it is.
- You will lose your right to seek compensation under the law.
Do not let this happen to you. Protect your rights by getting in touch with our experienced personal injury attorneys right away. Do so even if you think the deadline might have already passed. The experienced personal injury attorneys at Kornbluth Ginsberg can explore whether any exceptions apply to your case or if there are any other options for seeking compensation.
Why Acting Quickly Strengthens Your Personal Injury Case
Plenty of reasons beyond the NC personal injury statute of limitations make it a good idea to move fast after an accident.
By acting promptly, you:
- Are better able to preserve crucial evidence before it can be lost or go missing
- Have a better chance of securing compelling testimony from eyewitnesses whose memories may fade over time
- Put yourself in a stronger negotiating position, as you will not be tempted to take a quick settlement
- Protect yourself from insurance company tactics to drag things out
Speak With a North Carolina Personal Injury Lawyer Today
Have you been injured in an accident due to someone else’s negligence in North Carolina? If so, there is no time to waste. Delay too long, and you risk losing your right to seek fair compensation from the person who hurt you.
Fortunately, skilled legal help is just a click or phone call away. Contact Kornbluth Ginsberg online now or call 24/7 at 919-980-9895, and let our skilled personal injury lawyers in North Carolina work quickly to protect your right to pursue a personal injury lawsuit in Durham, Sanford, and all across North Carolina.
