Generally, you have three years from the date of your crash to file a motorcycle accident lawsuit in North Carolina. This deadline is called the statute of limitations. If you wait longer than three years, the court will likely dismiss your case.
Acting quickly protects your right to damages for your injuries and losses. A motorcycle accident lawyer in Charlotte will take legal action on your behalf before time runs out. Getting legal help is important, but it’s just as critical to understand the time limits that apply to your case.
How We Can Help You After a Motorcycle Crash in North Carolina
Filing a lawsuit is only one step in seeking justice. Our lawyer will help you handle every part of your case so you don’t face the insurance company or the court system alone. Your attorney can:
- Investigate the crash and collect evidence: Our lawyer will review police reports, photos, videos, and witness statements to build your case.
- Identify all at-fault parties: We will work to prove liability in a motorcycle crash. This means looking at everyone who may share blame, such as drivers, companies, or others tied to the accident.
- File your lawsuit within legal deadlines: We will file all case paperwork before time runs out.
- Negotiate with insurance companies: Our lawyer will handle talks with insurers so you don’t get pressured into taking less than you deserve.
- Take your case to court if needed: If the insurance company won’t settle fairly, we will present your case before a judge or jury.
Having a lawyer from our North Carolina-based team means you have an advocate who will focus on your best interests while you work on getting better.
For a free legal consultation, call (877) 333-1000
What is the Statute of Limitations in North Carolina?
The North Carolina statute of limitations for motorcycle accident lawsuits is typically three years. This timeline is found in G.S. § 1-52. This law applies across the state of North Carolina, whether you file in Charlotte, Raleigh, or another county court.
The clock usually starts ticking on the day of the crash. If you miss this deadline, you lose your chance to take your case to court.
Insurance companies know this rule and may delay in hopes that you run out of time. That is why acting sooner is always better. Most cases follow a three-year deadline, but the law is different when a crash leads to the loss of a loved one.
Are There Different Deadlines for Wrongful Death?
Yes. If a motorcycle crash causes a death, the law allows families two years from the date of death to file a wrongful death lawsuit, per G.S. § 1-53. A personal representative of the estate, usually a close family member, files these cases.
Damages may cover funeral costs, medical bills, loss of income, and the loss of love and support. Our wrongful death lawyer in Charlotte can explain these cases with care and guide families through the process.
We know nothing can erase the pain of losing someone in a crash, but filing within the time limit helps protect your family’s rights and future.
Why Acting Quickly After a Motorcycle Accident Matters
Three years may seem long, but preparing a lawsuit requires many steps your lawyer must handle first. Evidence fades quickly. Witnesses may forget what they saw. Videos or photos may be lost. Insurance companies may deny or delay your claim.
The sooner you reach out for legal help, the stronger your case will be. Filing within the deadline also prevents the defense from having an easy reason to ask for dismissal.
Click to contact our personal injury lawyers today
What if the Deadline for Your Case Has Already Passed?
In North Carolina, if you wait beyond the statute of limitations, you usually cannot recover damages through the court. There are very few exceptions. For example, if the injured person was a minor at the time of the crash, the clock may start running once they turn 18 years old.
However, most cases do not qualify for extensions. Do not assume you still have time—ask a lawyer to check your exact deadline.
Complete a Free Case Evaluation form now
What Damages Can You Recover for a Motorcycle Crash Injury?
A motorcycle crash can change every part of your life. If you sue within the deadline, you may be able to recover damages such as:
- Medical bills: Hospital stays, surgeries, medicine, and rehab
- Lost pay: Missed income from time off work
- Reduced earning ability: If your injuries keep you from working in the future
- Pain and suffering: The physical pain and emotional stress you live with daily
- Property damage: Repair or replacement of your motorcycle
- Wrongful death damages: Costs and losses tied to the death of a loved one
A lawyer will work to show the full value of your case so you are not left covering costs on your own.
Injuries You Can Sue for After a Motorcycle Crash
You may be able to sue for injuries such as:
- Broken bones
- Head and brain injuries
- Neck and back injuries
- Road rash and scarring
- Internal injuries
- Loss of limbs
Our Charlotte personal injury lawyer will also look at losses beyond medical bills, such as missed income and the pain you’ve suffered.
Common Concerns About Filing a Lawsuit in North Carolina
Many riders hesitate to file a lawsuit because they worry about:
- Cost: Most lawyers work on contingency. You don’t pay unless they win your case.
- Time: While lawsuits take effort, many cases are resolved through settlements before trial.
- Stress: Your lawyer handles the legal side so you can focus on healing.
Knowing the law and your rights in North Carolina can ease much of the stress of the process.
Other Common Questions About Filing a Motorcycle Accident Lawsuit in North Carolina
Even with the basics covered, riders often have more questions about how lawsuits work in North Carolina. Here are quick answers to a few of them:
Can I Still File if the Driver Was Never Charged?
Yes. Your right to sue is separate from criminal charges. Even if the driver was not ticketed or arrested, you can still pursue a civil case.
Does Insurance Affect the Deadline?
No. The statute of limitations is set by North Carolina law and applies no matter what insurance companies do.
Do I Have to Go to Court?
Not always. Many cases settle before trial. We will prepare as if it’s going to court, but will work for a fair settlement first.
How Much Does a Lawyer Cost?
Most motorcycle accident lawyers in North Carolina work on contingency. That means you don’t pay anything unless they win your case.
Don’t Miss the Deadline to File Your Motorcycle Accident Lawsuit in NC
At DeMayo Law Offices, we know how critical it is to act before the three-year deadline runs out on your North Carolina motorcycle accident. Since 1992, our team has guided thousands of people through injury claims, including motorcycle accidents across North Carolina.
With decades of experience, a dedicated staff, and over $1 billion recovered in judgments and settlements, we have the resources to build strong cases and fight for the results our clients deserve. We offer free case reviews and no upfront fees, and you pay nothing unless we win.
Our mission is simple: People Over Profits™. Whether your case is large or small, Your North Carolina Law Firm™ will fight for justice on your behalf. Call today.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
