Understanding the statute of limitations is crucial if you’ve been injured in North Carolina. This legal deadline determines how long you have to file a lawsuit after an accident or injury. Missing the statute of limitations usually means losing your right to pursue compensation—so acting quickly is essential.
Statute of Limitations for Personal Injury Claims
- General Personal Injury: In most cases, you have three years from the date of the injury to file a personal injury lawsuit in North Carolina. This applies to car accidents, slip and falls, and other negligence-based injuries.
- Wrongful Death: If you are filing a claim on behalf of a loved one who passed away due to someone else’s negligence, the statute of limitations is two years from the date of death.
Statute of Limitations for Medical Malpractice
- Medical Malpractice: In North Carolina, you generally have three years from the date of the medical error or injury to file a lawsuit against a healthcare provider.
- Discovery Rule: If the injury was not immediately apparent, you may have up to one year from the date you discovered or should have discovered the injury, as long as the lawsuit is filed within four years of the date the malpractice occurred.
- Foreign Objects: If a foreign object (like a surgical sponge) is left in your body, you have one year from the date you discover the object to file a claim, even if more than three years have passed since the procedure.
Why Acting Quickly Matters
- Preserve Your Rights: If you miss the statute of limitations, your claim will almost certainly be dismissed, and you will lose your right to seek compensation.
- Evidence Fades: The sooner you act, the easier it is to gather evidence, locate witnesses, and build a strong case.
What Should You Do Next?
If you’ve been injured in North Carolina, contact a personal injury attorney as soon as possible. An experienced lawyer can help you:
- Determine which statute of limitations applies to your case
- Gather and preserve crucial evidence
- Meet all legal and insurance deadlines
- Maximize your chances of a successful recovery
If you’ve been injured, contact us today by submitting our form or giving us a call at 704-333-1114.