North Carolina Personal Injury Statute of Limitations & Laws 2024

For those considering filing an injury claim with civil court, it’s vital to be aware of the North Carolina personal injury statute of limitations and laws in 2024. Depending on the specifics of your injurious accident, including the party you aim to take legal action against, the time during which you must officially file can differ. Don’t hesitate to reach out to an experienced personal injury lawyer at The Law Office of William T. Corbett, Jr., P.L.L.C., who can assess your claim.

What Is Personal Injury Law in North Carolina?

North Carolina allows victims of another person or entity’s negligence to pursue compensation in civil court to recover their damages. Negligent accidents include traffic incidents, medical malpractice, slip-and-falls, defective products and more. Often, the victims of such accidents caused by someone else’s carelessness sustain bodily injury, but claims can also be filed for damage to one’s personal property.

Damages and losses the injured individual may incur as a result of an accident include:

• Physical pain and cost of medical treatment
• Ongoing medical or rehabilitative care
• Lost wages, diminished capacity to earn wages, or loss of future income
• Costs of repairing or replacing damaged property (e.g., motor vehicles, real estate, personal belongings)
• Emotional distress, mental anguish, and suffering

Statute of Limitations for Personal Injury Claims in NC

The statute of limitations is the period of time during which an injured person seeking compensation must file their claim with the civil court. After the statute of limitation passes, you effectively lose your right to seek a settlement payment to recover your damages. So, taking action early is important if you believe you have a viable claim. In North Carolina, the statute of limitations on personal injury claims is three years from the date of the accident.

Sometimes, injuries develop over time, and the victim doesn’t become aware that their symptoms are related to a previous accident. In these cases, known as delayed discovery, the statute of limitations instead starts from the date the person became aware or reasonably should have become aware of their injury.

However, a statute of repose dictates how long a person can claim injury after an accident. For most personal injuries, this statute of repose is ten years. This means if a person discovers delayed symptoms much later after an accident, they can still file a claim if the accident date was less than ten years ago. Claims of medical malpractice have a statute of repose of four years.

Are There Exceptions to Statute of Limitation Laws in NC?

There are some exceptions to the general statute of limitations on personal injury claims. For example, the statute of limitations may begin at a later date if the defendant (the party believed to be at fault) is not in the state at the time of the injury filing. This may be the case if the defendant lived elsewhere when the accident occurred or promptly left the state after causing the accident. The case cannot proceed without a present defendant until they return or appear for the claim.

Another exception is if the person injured in a negligent accident is considered “legally disabled” from filing a claim to seek compensation. Someone can be deemed legally disabled if they’re a minor under 18 years old, mentally disabled, or otherwise incompetent. In these cases, the statute of limitations doesn’t start until the disability is “removed” and the victim is able to file an injury claim. This does not apply to children who were injured due to medical malpractice.

FAQs

What Are the Personal Injury Laws in North Carolina?

North Carolina law allows anyone who wrongfully endured injury or other damages to take legal action against the party they believe is responsible. The injured person can choose to recover their damages and seek financial compensation by filing an injury claim against the at-fault person or entity. Injury claims go through civil court instead of the criminal court system. If the defendant accepts liability or is proven to be negligent during a trial, the plaintiff receives a settlement payout.

How Long After an Accident Can You Sue in NC?

Personal injury claims must be filed within three years of the accident date. If you don’t discover signs of injury until much later, the statute of limitations begins from the discovery date. However, the date on which harm was originally inflicted must be within the last ten years. This is known as the statute of repose, and for medical malpractice claims, the accident date must be within the previous four years. Wrongful death cases must be filed within two years.

What Are the Different Types of Personal Injury Claims?

There are a few types of personal injury claims, as accidents preceding a personal injury claim can take many forms. One common type is car accidents or other traffic collisions. Workplace accidents and injuries sustained in the line of duty may also qualify for a personal injury claim, either in addition to or instead of receiving workers’ compensation.

Slip-and-falls are another frequent type of personal injury accident wherein the property owner is liable. Other examples include medical malpractice, nursing home neglect/abuse, dog bites, and product liability (defective or dangerous products).

What Is Negligence in North Carolina Injury Law?

In injury law, negligence is the carelessness of the at-fault party. If negligence is proven, the defendant (or their insurance provider) is considered liable and must provide compensation in order to remedy the wrongdoing. Negligence must be proven in court by establishing all of the following elements:

• The at-fault party owed the victim a duty
• There was a breach of this duty
• This breach directly caused the victim’s injuries
• Actual damages were suffered (medical costs, lost wages, etc.)

Competent and Skilled Personal Injury Law Firm

Not only can a qualified personal injury attorney manage the paperwork and legal complexities of your case, but they can also ensure you receive a fair settlement that’s the maximum amount you’re entitled to. Speak with a proficient lawyer about your injury claim today by contacting the team at The Law Office of William T. Corbett, Jr., P.L.L.C.