What is the statute of limitations for personal injury claims in North Carolina? Typically, you have a three-year statute of limitations on a personal injury case, which means the case must be settled or filed in court before the third anniversary of the negligent act that caused the injury.

This can be extended slightly in the context of medical malpractice cases because the three years run from the last treatment of the physician that caused the injury. Also, if you have a retained object, such as a surgical sponge from surgery, you have one year from the time that that object has been identified but no more than 10 years to pursue a claim against the doctor or whoever left the object in you.

There’s a difference between the statute of limitations that applies to personal injury cases and wrongful death claims. If somebody dies in the context of a car wreck or some other incident, that is a two-year statute of limitations, which typically runs from the date of death. The most important thing is that the case needs to be settled or filed before the statute of limitations expires, or else the case will be barred. A personal injury lawyer can determine what the statute is in your case.

It’s important that you talk to an attorney well before the statute of limitations expirations, particularly in medical malpractice cases, because those cases involve a lot of investigation. Call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free and confidential consultation to learn more.

What Is the Statute of Limitations for a North Carolina Personal Injury Case?

In North Carolina, the statute of limitations for filing a personal injury claim is three years from the date of the injury. This means that you have three years to file a lawsuit in court for any injuries you sustained due to another party’s negligence or wrongdoing. If you do not file within this time frame, you may lose the right to pursue compensation through the court system. It’s important to note that the clock starts ticking on the date of the injury, not necessarily the date you discover the injury.

Are There Exceptions to the Three-Year Statute of Limitations?

Yes, there are certain exceptions to the general three-year statute of limitations. Some of the most common exceptions include:

  • Minors: If the injured person is a minor (under 18 years old) at the time of the injury, the statute of limitations does not begin until the minor turns 18, giving them until their 21st birthday to file a claim.
  • Discovery Rule: In cases where the injury is not immediately obvious (such as in cases of medical malpractice or exposure to toxic substances), the statute of limitations may not start until the injury is discovered, or should have been reasonably discovered.
  • Government Entities: If the claim is against a government entity or employee, there may be shorter deadlines, often requiring notice of the claim to be filed within a few months, depending on the situation.

Consulting with an attorney can help clarify how these exceptions might apply to your specific case.

What Happens if You Miss the Deadline for Filing Your Personal Injury Claim?

If you miss the statute of limitations deadline for filing your personal injury claim in North Carolina, you will likely be barred from filing the lawsuit. This means you cannot pursue compensation for your injuries in court. The defendant can request the court to dismiss your case based on the expired statute of limitations, and the court will likely grant the motion, leaving you without any legal recourse through the civil court system.

How Can You Ensure You Don’t Miss the Statute of Limitations for Your Personal Injury Claim?

To ensure you don’t miss the statute of limitations deadline, acting as soon as possible after an injury occurs is essential. Consult with a personal injury attorney who can guide you through the process, help gather the necessary evidence, and file the claim in time. The attorney can also assist in determining whether any exceptions to the statute of limitations apply to your case, ensuring that your legal rights are preserved and your claim is filed promptly.

At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.