Statute of Limitations on Personal Injury Claims
April 10, 2023
The personal injury claim process in North Carolina may seem complicated to most people. That is why getting the best legal counsel from an experienced personal injury attorney is crucial when filing a personal injury claim. According to 2020 data released by the North Carolina Division of Motor Vehicles, 247,241 car crashes were reported, resulting in 1,658 deaths. Car accidents alone account for a significant chunk of personal injury claims throughout the state.
At Life Law, we believe in helping accident victims in Raleigh, North Carolina protect their rights to fair compensation. We proudly help victims throughout North Carolina, including communities such as Nags Head, Charlotte, Asheville, and Wilmington.
Statute of Limitations for Personal Injury in North Carolina
One of the first questions I get from clients is about the time limit to file a personal injury claim, also known as the statute of limitations.
In North Carolina, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury or accident. This situation means that victims must file a claim within three years of the date of the incident, or they may lose their right to pursue compensation.
It is important to consult with an experienced personal injury attorney in North Carolina to understand how the statute of limitations applies to a specific case and to ensure that victims file a claim within the applicable period. Failing to file within the statute of limitations can result in the claim being dismissed by the court.
Please note that there are some exceptions and variations to the statute of limitations. The following examples highlight these variations:
Medical Malpractice. The statute of limitations for medical malpractice claims in North Carolina is generally three years from the date of the injury or from the date the injury was discovered or should have been discovered with reasonable diligence, but not more than four years from the date of the negligent act or omission.
Product Liability. The statute of limitations for product liability claims in North Carolina is generally three years from the date of the injury or from the date the injury was discovered or should have been discovered with reasonable diligence, but not more than 12 years from the date of the sale or manufacture of the product.
Wrongful Death. The statute of limitations for wrongful death claims in North Carolina is generally two years from the date of the person’s death.
Dog Bites. The statute of limitations for dog bites is generally three years from the date of the injury. This rule means that victims must file a claim within three years of the date of the dog bite or attack, or they may lose their right to pursue compensation.
Car Accidents. The statute of limitations for filing a personal injury claim related to a car accident is generally three years from the accident date. This condition means that accident victims must file a claim within three years of the date of the accident.
I’ve Missed the Filing Deadline. Now What?
If a victim misses the filing deadline (statute of limitations) for a personal injury claim in North Carolina, they would most likely be barred from pursuing a claim in court. This situation means they will lose the opportunity to recover compensation for their injuries.
Additionally, missing the filing deadline can lead to the following situations:
Filing a personal injury claim after the statute of limitations has passed generally leads to the court dismissing the case without hearing it.
Missing the filing deadline can seriously affect a victim’s leverage in settlement negotiations since they’ve lost the opportunity to pursue litigation. As a result, victims may need to accept the first offer, if any, insurance companies might make.
Please bear in mind that time flies by. So, a good rule of thumb is to file a personal injury claim as soon as possible, even if actually settling the claim happens much later.
Above all, the first thing you should do is to seek professional legal counsel from an experienced personal injury attorney. An attorney can help ease the burden off victims by handling the paperwork needed to pay fair compensation. If you missed the filing deadline, reach out to a personal injury attorney today. Don’t try to face this alone, even if you qualify for an exception to the stateu of limitations.
Exceptions to the Statute of Limitations in North Carolina
There are some limited exceptions to the statute of limitations in North Carolina for personal injury claims. The following examples highlight these exceptions:
Legal Disability. If the injured person was under a legal disability at the time of the injury, such as mental incapacity, the statute of limitations may be tolled or paused until the person’s legal disability is removed. In North Carolina, this tolling period cannot exceed four years from the date of the injury.
Fraud or Concealment. If the defendant fraudulently concealed the injury or engaged in fraudulent conduct that prevented the injured person from discovering the injury, the statute of limitations may be tolled.
Continuing Treatment. If the injured person received ongoing medical treatment related to the injury, the statute of limitations might be tolled until the last treatment date.
Discovery Rule. In some cases, the injured person may not discover the injury until later. In such cases, the statute of limitations may be tolled until the date of discovery or when the injury should have been discovered with reasonable diligence.
It is important to note that these exceptions are narrow and require a detailed analysis of the case’s specific circumstances. Therefore, consulting with an experienced personal injury attorney is important to understand how the statute of limitations may apply to each case.
Trusted Legal Assistance in North Carolina
At Life Law, we believe in helping our clients protect their right to fair compensation at all costs. Call us today to protect your right to fair compensation. Please remember that time flies by. Missing the filing deadline could be a costly mistake. Don’t delay, and reach out to our firm today.