North Carolina Personal Injury Statute of Limitations (2024)

Personal injury cases in North Carolina can be confusing to navigate because there are so many laws surrounding what a victim of injury can and cannot do. If you are wondering whether or not you are eligible to receive compensation for your injuries, it is important to contact a personal injury attorney. The North Carolina personal injury statute of limitations impacts the amount of time you have to file a claim. Don’t waste time; engage a lawyer promptly.

What Is a Statute of Limitations?

Statute of limitations is a legal term that refers to a deadline that is placed upon an individual in regard to how long they have to file a claim in court. Statute of limitations are different depending on what state you are in, what type of claim you are filing, and other relevant factors. There are times when exceptions may be made to a statute of limitations, but generally, the time limit set is observed without exception.

Exceptions to North Carolina Statute of Limitations for Personal Injury

In many cases, it is fairly easy to deduce the cause of a serious injury. However, this is not always the case. There are times when the cause is not crystal clear, and there are also times when an injury does not appear immediately following an accident.

These are times when it may be necessary for an exception to be made to the statute of limitations.

• The Rule of Discovery: This is an exception to the personal injury statute of limitations that is used in cases where an injury is not obvious or noticeable until years after the damage has happened. Causes can include being exposed to harmful chemicals or substances over an extended period of time.
• Product Liability Claims: Injuries resulting from defective products can sometimes also warrant an exception to the statute of limitations. In some cases, a person may not use the product immediately, or they use it frequently enough for damage to occur.
• Medical Malpractice: In cases where damages due to medical malpractice are not immediately evident, the victim may be able to extend the statute of limitations.
• Minors: There are also certain exceptions to the statute of limitations when the victim is a minor. These exceptions will be dependent upon each particular case, which is why having a lawyer guide you through the process can be very helpful.

Missed Statute of Limitations Deadline

If you have missed the statute of limitations deadline for a personal injury, it can be difficult to find a way to receive any legal compensation for your injuries. This deadline is very important, and there are very few exceptions given for simply missing the deadline. If you file a claim past the deadline, the defendant has the option of filing to dismiss the claim based on the timeline, even if they were completely at fault for your injuries.

This is one reason why it is vital to hire a personal injury lawyer as soon as possible after you become aware that you have sustained an injury. These cases can sometimes be lengthy and complex, meaning the sooner you get started, the sooner you can receive compensation.

Personal Injury Statute of Limitation FAQs

Q: How Long After an Accident Can You File a Claim in North Carolina?

A: In North Carolina, most personal injury cases have a statute of limitations of three years. This means you have three years from the time of the accident to file a claim. This statute of limitations often applies to cases involving car accidents, premises liability claims, product liability claims, animal attacks, and others. There are other cases where an injury may not be discovered until years afterward, in which there may be exceptions.

Q: What Is the Statute of Limitations for Professional Liability in North Carolina?

A: The statute of limitations for professional liability in North Carolina is generally three years, but in some cases, it may be two years. There are other cases, however, such as defamation, which may have an even smaller window of time to file a claim. It can be helpful to have a lawyer review your specific case to get an idea of the statute of limitations pertinent to you, as they can vary based on certain details.

Q: What Is the Personal Injury Cap in North Carolina?

A: There are certain cases where there are caps on damages for personal injury in North Carolina. However, these are specific and only apply to certain cases. Punitive damages, in particular, can be limited to $250,000 or three times the amount of economic damages that have been assessed. This cap is applied in specific circumstances and does not apply to claims that have been filed that involve drunk driving.

Q: How Can I File a Personal Injury Claim?

A: There are a few steps you need to take to file a personal injury claim in North Carolina. The first step is to consult an experienced personal injury attorney, preferably one who has experience with handling cases that are similar to yours. You should also gather all relevant evidence, such as medical records and bills, rehabilitation records, and more. Your lawyer can then file an appropriate report with the appropriate court.

Q: How Much Does a Personal Injury Lawyer Cost in North Carolina?

A: The cost of a personal injury lawyer in North Carolina can vary depending on a multitude of different factors. Some important factors to consider are the location and experience level of the lawyer. Additionally, you should consider the lawyer’s fee structure. Some lawyers charge an hourly fee, and some may charge a flat fee for their services.

Contact Our Firm Today

If you or a loved one have been the victim of a personal injury and believe you may be entitled to receive compensation, it is important to seek legal counsel as soon as possible. These types of cases are subject to a statute of limitations, meaning that you only have a certain amount of time to file a claim.

At Steven T. Meier, PLLC, our legal team has extensive experience in handling personal injury cases. We are ready to tackle your case with precision and compassion, guiding you through the complex legal processes. Reach out today to learn more about how we can help. We are glad to answer any questions you may have regarding personal injury.