When someone else’s negligent or reckless actions cause you to suffer an injury, you have a right to pursue compensation through North Carolina’s personal injury laws. However, that legal opportunity doesn’t remain open indefinitely. The state imposes strict filing deadlines known as the “statute of limitations” on personal injury claims.
North Carolina’s personal injury statute of limitations generally allows claimants three years to file a lawsuit. If you fail to get your personal injury lawsuit officially filed in civil court against the at-fault party before this time window expires, you permanently forfeit your ability to recover damages. The court can outright dismiss your complaint, denying you a path to justice and compensation.
The sooner you retain legal counsel, the better a Charlotte personal injury lawyer can protect your rights to take legal action against a liable party. Then, you can pursue fair compensation for your accident-related injuries. DeMayo Law Offices offers free consultations and works on contingency so you can start your case right away.
How North Carolina’s Statute of Limitations Affects Your Personal Injury Case
North Carolina General Statutes section 1-52, the statute of limitations that applies to most personal injury cases, gives plaintiffs a three-year time limit from the date of their injury to get their lawsuit filed and actively pursue legal action. Some examples where this three-year window applies include:
- Vehicle accidents causing injury (auto collisions, motorcycle wrecks, pedestrian incidents, etc.)
- Slip/trip and fall accidents resulting in injury
- Premises liability cases like dog bites or negligent security
- Medical malpractice injuries during treatment or care
- Injuries caused by defective products or dangerous consumer goods
While three years may seem like ample time, that statute of limitations can easily lapse, especially for those dealing with severe injuries requiring extensive treatment and recovery.
Potential Exceptions to the Statute of Limitations
There are some exceptions where the statute of limitations may “pause” or differ, such as:
- Cases involving minors
- Injuries not immediately discovered
- When defendants leave the state
The bottom line is that failing to properly file your lawsuit before that deadline will completely bar you from ever recovering compensation for medical bills, lost wages, pain and suffering, and more.
For a free legal consultation, call (877) 333-1000
Building a Case Before North Carolina’s Personal Injury Statute of Limitations Expires
Given the unforgiving statute of limitations constraints, promptly consulting a North Carolina personal injury law firm is helpful after any accident or injury occurring due to someone else’s negligence.
Your legal rights and ability to recover damages rely on meeting your legal deadline. An attorney can keep an eye on the statutory clock as they manage your case to help you meet the North Carolina statute of limitations.
The processes involved in preparing and negotiating a personal injury claim are incredibly time-consuming, yet do not pause or extend that unforgiving three-year deadline in any way:
Investigating the Incident
Launching a full investigation takes time, as it involves reviewing police reports, interviewing witnesses, analyzing evidence like photographs and videos, conferring with accident reconstruction experts, and more. But the clock is running.
Gathering Medical Records/Expenses
Obtaining and organizing voluminous medical documentation, such as bills, treatment records, prognoses, and testimony from healthcare providers, is a laborious process yet vital for demonstrating damages.
Calculating Damages
From lost wages, future earning capacity, and ongoing therapy costs to non-economic damages like pain and suffering—full damages evaluations require time-intensive analysis that could involve economic experts, vocational specialists, and more.
Settlement Negotiations
Negotiations take ample time before filing a lawsuit. The involved parties can go back and forth, negotiating a potential settlement. Insurers may try different tactics to undervalue or deny a claim.
Handling Legal Complications
Diving into all the legal nuances, exceptions, and technical procedures surrounding North Carolina’s personal injury statutes is something an attorney can handle within that three-year limit.
Far too often, personal injury victims make the devastating mistake of procrastinating too long, thinking they have ample time to file suit later. But those three years can easily evaporate, extinguishing their legal rights to compensation before they took action, no matter how justified their claim was.
By consulting a personal injury firm immediately after an accident or injury occurs in North Carolina, you protect your rights and ensure that the statute of limitations won’t pass before you even start the legal process. The clock usually starts ticking on the date of your accident, so time is of the essence.
How an Attorney Can Help You Meet the North Carolina Personal Injury Statute of Limitations
A personal injury attorney who takes cases on contingency can help you meet your deadline by starting your case immediately. Under a contingency plan, you do not pay upfront legal fees or hourly rates to retain legal counsel. Instead, you agree to pay a portion of your potential awards.
This way, you can give your case the time and attention it deserves. Personal injury law firms that handle cases on contingency usually offer free initial consultations so you can learn about your legal options before committing to hiring them.
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Call DeMayo Law Offices for Help Meeting North Carolina’s Personal Injury Statute of Limitations
A lawyer can help you meet your legal deadlines, but it all starts with you reaching out. In North Carolina, the three-year statute of limitations may seem ample, but be careful. Investigating claims, gathering evidence, and negotiating with liable parties all take time, yet these processes do not stall your legal deadline.
Our lawyers at DeMayo Law Offices can help handle your case on contingency and help you meet your deadline. Contact us today to start with a complimentary, no-obligation consultation.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
