After experiencing an event as traumatic as a truck crash, legal deadlines are often not the first thing that comes to mind for victims or their families. However, North Carolina state laws set strict time limits for taking legal action. Usually, you have three years to file a truck accident lawsuit.
In fact, there are major consequences for missing the deadline that applies to your case. If the statute of limitations expires before you take legal action, you could lose your right to compensation altogether.
As a result, it’s important to understand how long you have to file a truck accident lawsuit and whether or not any factors could influence that timeline. For a straightforward answer about how long you have to file a truck accident lawsuit, contact a Charlotte personal injury lawyer.
North Carolina’s Statute of Limitations for Truck Accident Lawsuits
In North Carolina, the statute of limitations for personal injury claims, including those stemming from truck accidents, is generally three years from the date of the accident. This is set forth under N.C. Gen. Stat. § 1-52.
This three-year deadline applies to lawsuits seeking damages for the following losses:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Permanent disability or disfigurement
If you attempt to file a lawsuit after the three-year window closes, the court is almost certain to dismiss the case. Even if you have strong evidence and proof of clear liability, you will not be allowed to pursue compensation.
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Wrongful Death Truck Accident Cases Have a Different Deadline
If a truck accident results in someone’s death, the statute of limitations changes as a direct result of these circumstances. Under N.C. Gen. Stat. § 1-53(4), wrongful death lawsuits must be filed within two years of the day the person died, not the date of the accident itself.
This means that if the victim survived for a period of time before passing away from their injuries, the deadline begins on the date of their death. Wrongful death claims seek compensation for the following damages:
- Funeral and burial costs
- Medical expenses incurred before death
- Loss of income and benefits
- Loss of companionship and emotional support
The two-year limit for wrongful death claims is firm. As a result, waiting too long to act can bar surviving family members from any recovery.
What Happens if the Truck Accident Involves a Government Vehicle?
Perhaps the truck involved in the accident was operated by a government agency, such as a municipal sanitation truck or a state transportation vehicle. In that case, the timeline and the process of filing a claim will both change significantly.
Under the North Carolina Tort Claims Act, claims against government entities must be filed within three years from the date of the injury. However, you must also file an administrative claim with the North Carolina Industrial Commission.
This is required before you can proceed with a lawsuit. Not only is this process more formal, but it also has its own procedural rules, so it’s important to follow all the required steps within the timeline. Otherwise, you’ll run the risk of having your claim dismissed.
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Special Considerations That Can Extend or Shorten the Deadline
While many cases fall under the standard two- or three-year statute of limitations, some situations can cause a change in the otherwise typical deadline. Let’s take a look at special considerations that can either extend or shorten how long you have to file a truck accident lawsuit.
The Discovery Rule
In many truck accident cases, physical injuries and subsequent damages are often immediately apparent. However, there are rare cases where victims don’t discover their injuries until much later—for example, a traumatic brain injury that is diagnosed months after the crash.
North Carolina does uphold a discovery rule, but it is applied very narrowly in personal injury cases. For truck accident claims, the discovery rule rarely extends the statute of limitations because injuries are usually obvious soon after the collision.
Even so, in unique situations, a plaintiff may argue the clock should begin when the injury was or reasonably should have been discovered.
Minors and Legally Incapacitated Individuals
Suppose that the person injured in the truck accident is either a minor or someone who is considered incapacitated at the time of the crash. In such situations, the statute of limitations may be paused or “tolled” until the legal disability is removed.
For minors, this usually means that the three-year clock will not begin to tick until their 18th birthday. For example, if a 16-year-old is seriously injured in a truck crash, they typically have until their 21st birthday, or three years after turning 18, to file a lawsuit.
However, claims for medical expenses incurred while the victim is a minor are usually pursued by the parent or guardian within the standard three-year deadline.
The Defendant Cannot Be Found
If the truck driver or trucking company responsible for the accident leaves the state or otherwise evades the situation, the statute of limitations may be tolled. The pause usually lasts for the period of time during which they are unavailable.
This prevents defendants from dodging liability altogether simply by disappearing before they can be served with legal papers. Still, tolling for this reason requires careful documentation, and it might not be granted automatically.
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Contact Our Truck Accident Law Firm in Charlotte for Help Today
This is an experience that can leave you feeling overwhelmed in more ways than one, but you don’t have to figure everything out all by yourself. Instead, reach out to DeMayo Law Offices.
Our Charlotte truck accident attorneys have what it takes to represent you, advocate for your rights, and pursue compensation on your behalf. Since 1992, the attorneys at DeMayo Law Offices have helped over 125,000 people.
With more than 250 years of combined experience, we have secured over $1 billion in compensation. Don’t wait to reach out to Your North Carolina Law Firm ™ for help. Call now to begin the process of moving forward after your crash.
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