Statute of Limitations for Personal Injury Cases in North Carolina

In North Carolina, the statute of limitations gives you three years from the date of your injury to file a personal injury lawsuit under most circumstances. You would most likely lose your ability to seek compensation if you miss this deadline, so it’s important to act quickly to preserve your legal rights.

The three-year filing window applies to most personal injury cases, including those involving car accidents, slip-and-falls, and dog bites, for example. However, North Carolina law has different time limits for certain types of personal injury cases, such as those stemming from:

• Medical malpractice claims – In North Carolina, you generally have three years from the last date the medical malpractice occurred or two years from the date you discovered the injury to file a claim, whichever is longer. However, the law imposes an absolute deadline, known as the statute of repose, which prevents you from filing more than four years from the date of the medical error, regardless of when you discovered it. There is an exception for cases involving a foreign object left inside the body, where you have one year from the date of discovery, even if the four-year period has passed. However, there is still a hard time limit of 10 years after the foreign object is left inside the body for these cases.
• Government torts – Special rules apply if a state government agency or employee causes your injury. You have three years to file an injury claim with the responsible government agency and two years for claims involving wrongful death. You must also file an affidavit with the North Carolina Industrial Commission.
• Wrongful death claims – There is a two-year time limit for wrongful death cases. The filing window starts on the date of the death, not the date of the injury that caused it. Because the time frame is a full year shorter than that for personal injuries, it is essential for families to seek legal advice immediately after a loved one’s death.

What Are the Exceptions to the Three-Year Rule?

In addition to the different time limits for different types of personal injury cases in North Carolina, there are some exceptions that can lengthen the relevant filing windows:

• Discovery rule – The discovery rule applies when your injury or its cause is not immediately apparent. In such a situation, the three-year clock starts when you discover or reasonably should have discovered the injury. However, North Carolina law sets an absolute limit of 10 years from the incident date for most injury cases, even if you discover the injury later. That means you must file any claim within 10 years, even if you did not discover the injury until nine years after you suffered it. Notably, there are additional exceptions for cases involving groundwater contamination or sexual abuse committed against a child.
• Defendant’s absence – The countdown will pause if the party responsible for your injury leaves North Carolina and may remain paused while the defendant is out of state. Once the defendant returns to North Carolina, the clock starts again. The rule prevents defendants from escaping liability simply by leaving the state.
• Legal disability – If you have a legal disability at the time of the injury, such as being a minor or mentally incapacitated, the countdown will pause until the disability ends. For minors, the clock usually starts when they turn 18. For those with mental incapacitation, the clock will restart once they regain capacity. These exceptions provide additional time for individuals who cannot file claims on their own due to legal status.

What Is Meant by ‘Tolling’ the Statute of Limitations?

Tolling the statute of limitations means temporarily stopping the clock on the time a plaintiff has to file a lawsuit. Certain circumstances can toll the statute of limitations, like the defendant leaving the state or the plaintiff having a legal disability. When the reason for tolling ends, the clock restarts. Tolling gives plaintiffs more time to file their claims when they face specific legal or practical obstacles.

What Happens If I Do Not File My Lawsuit Before the Three-Year Limit?

If you do not file your lawsuit before the three-year deadline or other applicable time limit, you lose your right to pursue legal action for your injury. That means the court will likely dismiss your case, and you won’t be able to seek compensation, no matter how strong your claim might be. Given the stakes, it is essential to take action within the allowed time frame.

Why Should a Personal Injury Case Be Filed Promptly?

Promptly filing a personal injury case protects your legal rights and strengthens your case. As time passes, evidence can disappear, memories can fade, and witnesses can become harder to locate. By taking immediate action, you give your attorney time to gather the necessary evidence and build a strong case. Doing so also makes it easier to file within the statutory deadline.

How Can a North Carolina Personal Injury Lawyer Help Me File on Time?

Personal injury claims can be complicated, and mistakes can lead to delays or even the loss of your right to recover compensation. A North Carolina personal injury attorney from The Law Offices of John Drew Warlick, P.A., can help you file your personal injury claim on time by:

• Identifying the relevant statute of limitations for your case and when it began running
• Determining whether any exceptions apply that could lengthen the filing window
• Gathering necessary evidence to support your claim
• Preparing and filing all required legal documents promptly
• Monitoring the status of your case to avoid unnecessary delays
• Communicating with insurance companies on your behalf
• Negotiating with opposing parties to reach a settlement before the filing deadline
• Advising you on whether to accept a settlement offer or proceed with litigation

Contact a North Carolina Personal Injury Lawyer

If you’ve been hurt in North Carolina, contact The Law Offices of John Drew Warlick, P.A., today. Our experienced personal injury attorneys are here to discuss your case, protect your rights, and demand the compensation you deserve, all within the relevant filing window.

Reach out now for your free consultation.

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