When you've been hurt in an accident, your focus should be on your health and recovery. However, in the background, a clock is ticking. This clock represents the statute of limitations, a strict legal deadline for filing a lawsuit. If you miss this deadline, you will likely lose your right to pursue compensation, no matter how strong your case is.
For most personal injury cases in North Carolina, the law provides a clear deadline. The general statute of limitations is three years from the date of the injury. This rule applies to common bodily injury statute of limitations cases like:
This deadline is not a suggestion; it's a hard and fast rule. According to N.C. Gen. Stat. § 1-52(5), an action must be commenced “Within three years...for any...injury to the person or rights of another, not arising on contract and not hereafter enumerated.” The court will almost certainly dismiss your case if you attempt to file it after this time limit has passed. This is why acting quickly after an accident is so important.
While the three-year rule is a good starting point, not all cases fit neatly into this timeline. There are several important exceptions to the general statute of limitations NC that can either shorten or extend the time you have to file.
If an injury leads to a person's death, a wrongful death claim must be filed within two years of the date of death.
The deadline for a medical malpractice lawsuit is often more complex. Generally, you have three years from the date of the last act of the defendant that gave rise to the claim. However, if the injury isn't discovered right away, you may have up to one year from the date of discovery, with a maximum of four years from the date of the last act that caused the injury. This is a confusing area of law, and it's best to consult with an attorney.
If the injured person is under 18 years old, the clock doesn't start ticking until they turn 18. They have three years from their 18th birthday to file a lawsuit, regardless of when the injury occurred.
In some rare circumstances, the deadline can be temporarily stopped, or "tolled." According to N.C. Gen. Stat. § 1-52(16), a personal injury claim “shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent.” However, this same statute also notes that “no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.” For example, if the defendant leaves the state after the accident, the time they are absent may not count toward the statute of limitations. This is a complex legal issue, so you shouldn't assume it applies to your case.
It's easy to confuse the term 'personal injury limit' with the time limit to file a claim. While the statute of limitations is a time limit, a 'limit' can also refer to caps on the amount of damages you can receive. North Carolina does have limits on certain types of damages, such as punitive damages, but these are separate from the deadline to file your lawsuit. It’s important to understand the difference. The most crucial deadline to pay attention to is the one that prevents your case from being filed at all—the statute of limitations.
The consequences of failing to file your lawsuit on time are severe. Once the statute of limitations has passed, the at-fault party's defense is almost guaranteed to be successful. The court will likely dismiss your case, leaving you with no legal recourse to recover compensation for your medical bills, lost wages, or pain and suffering.
Don't let a procedural deadline prevent you from getting the justice you deserve. The best way to ensure your claim is filed correctly and on time is to speak with an experienced personal injury attorney.
If you've been hurt in Raleigh, Apex, Cary, Durham, or a nearby community, contact our office today for a free, no-obligation consultation. We'll review the details of your case and help you take the first step toward getting your life back.
Call Us At
919-438-0065
105 S Ellington St, Clayton, NC 27520
124 St Marys St Ste 201, Raleigh, NC 27605
800 W Williams St #250 Apex, NC 27502