If you get injured because of someone else’s negligence, or failure to act with proper care, you could be eligible for financial compensation to help you pay for related medical costs and make up lost wages. If you do not file within your deadline or statute of limitations, however, you could lose the right to seek justice forever.
What Is a Personal Injury Statute of Limitations?
A personal injury statute of limitations is a law that sets a maximum time limit by which a claimant must file a lawsuit for it to be legally valid. In most cases, once the statute of limitations expires, the claim can no longer be pursued in court. The purpose of this legal principle is to encourage timely filing, while evidence involved in the case is still available. This keeps the justice system efficient and fair for all involved parties.
The Importance of Taking Prompt Legal Action
In addition to ensuring the legal validity of your claim, filing in a timely manner can strengthen your personal injury case. As time passes, important evidence in your favor may become lost or destroyed. Certain types of evidence, such as eyewitness testimonies, will become less reliable as the witnesses’ memories of the event fade. Acting quickly allows your Wilmington personal injury attorney to preserve as much evidence in support of your claim as possible.
How Long Is the Personal Injury Statute of Limitations in North Carolina?
Statutes of limitations vary based on the state where the lawsuit is being filed and the type of case. In the civil justice system, personal injury cases must generally be filed within three years in North Carolina. This is the law under North Carolina General Statutes § 1-52, which states:
- Within three years an action –
- (5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated, except as provided by G.S. 1-17(d) and (e).
If a plaintiff attempts to file a personal injury claim after the three-year time window has elapsed, the claim will most likely be “time-barred” and not allowed to proceed. Even if the courts accept the suit, the defendant can use the expired statute of limitations as a defense to liability.
Exceptions to the Three-Year Rule
Certain circumstances can shorten or lengthen the statute of limitations in North Carolina. For example, under §1-52(16) of the law, a cause of action does not accrue until the injury or harm becomes apparent or “ought reasonably to have become apparent” to the claimant, whichever occurs first. This exception is known as the discovery rule.
Other exceptions include:
- Workers’ compensation: two years from the date of injury or illness
- Wrongful death: two years from the date of death
- Injured minor: three years from the date the minor turns 18
- Product liability: up to 12 years from the purchase of the product
- Medical malpractice: two years from the incident or one year from discovery
- Nursing home abuse: no more than four years from the incident
If you are unsure of your deadline to file a personal injury case in North Carolina, act sooner rather than later. Do not risk missing your time limit and losing the right to seek compensation. Consult with a personal injury lawyer as soon as possible to discuss your statute of limitations and to take prompt legal action. Contact our firm today.