If you are living in North Carolina and have been injured due to the negligence or intentional conduct of another, you may be able to file a personal injury lawsuit in civil court. The statute of limitations establishes a time frame within which a person must file their claim before it becomes exempt by law. This type of lawsuit seeks compensation for physical, psychological, and financial losses incurred from the injury.
What Is the Statute of Limitations in North Carolina?
In North Carolina, the statute of limitations is three years from the date you first file a complaint. Therefore, anyone considering filing a personal injury lawsuit in North Carolina must understand this situation’s rules and take action before the clock runs out.
However, the best bet for those who have suffered injuries is to find a reputable and trusted attorney to represent you and your case. According to a Raleigh personal injury lawyer, facing the repercussions due to someone else’s negligence is incredibly overwhelming for most. Using the available resources and choosing a personal injury law firm that offers the highest care possible is imperative.
Statute of Limitations for Wrongful Death Claims
In most cases, individuals have two years from the date of death in order to file a wrongful death claim. It is important to note that this statute of limitations typically begins on the date that the individual dies and not on any other date related to their passing.
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Statute of Limitations for Product Liability Claims
The three-year statute of limitations is a common standard for many personal injury claims, including those related to defective products. While the time limit to file a claim may be limited, it is important to understand that buyers have up to 12 years after purchasing a product to take legal action if they suffer injuries due to a defect.
Statute of Limitations for Workplace Injury Claims
Generally, in North Carolina, these claims must be filed within two years of the incident, and employers cannot be sued for workplace accidents. However, any negligent third parties found liable for a workplace accident may be subject to a personal injury claim with a standard three-year statute of limitations.
Exceptions to North Carolina’s Statute of Limitations
There are a few scenarios that North Carolina has decided can delay the “time clock” assigned to your personal injury claims. Some of the exceptions will be explained in more detail below:
- If you are injured and are considered to be under a legal disability at the time the injury occurs, your three-year time frame will remain unstarted until you are deemed competent. In other words, if you are under the age of 18 or considered “incompetent” at the time of the injury, you can use this to your favor.
- If, after your injuries occur and before your lawsuit is filed, the person who caused these injuries leaves North Carolina or is absent for extended periods of time, your three-year time clock will be more leniently counted. Likely, the absence of the other at-fault party will only affect your claims for a three-year period.
Additionally, there is an expectation for wrongful death cases as well. This type of claim is a derivative action, meaning it is derived from an underlying claim that the deceased person could have brought forward if they had not died.
The statute of limitations for a wrongful death claim will depend on the laws in the particular jurisdiction where the action is being filed and can also be affected by when the cause of death occurred relative to when any injury or illness related to it occurred.
For example, suppose a person was injured in an accident but died five years later due to complications. In this case, their family may be unable to file a wrongful death claim if their original statute of limitations has expired.
With this in mind, it’s important to consult a knowledgeable attorney or legal professional who is familiar with these exceptions and restrictions of the North Carolina Statute of Limitations.
Conclusion
Even though three years may seem like plenty of time, the unfortunate truth is that legal issues can take years to resolve, which is why it’s recommended for those who have been injured to work with an attorney to obtain their compensation as soon as possible in order to alleviate any financial or emotional distress.
By understanding the statute of limitations for your personal injury case and what options are available to you, the sooner you will be able to be compensated rightfully.
