North Carolina Personal Injury Statute of Limitations & Laws 2024

Falling victim to a personal injury accident can be devastating and frustrating, as it can lead to serious injuries and damages caused by the negligence or wrongdoing of another party. If you have been in a personal injury accident, it is critical to understand North Carolina’s personal injury statute of limitations and laws so you can receive access to the compensation you are entitled to.

What Is a Statute of Limitations?

The statute of limitations is legal terminology for the period of time that a person has to bring a lawsuit against a liable party after they caused an accident leading to injuries. This specific time period is the amount of time between the date a person is injured and the date the lawsuit can be filed. If an accident victim files their claim after the given statute of limitations for their case, they may lose access to their right to pursue compensation for damages.

Whether the personal injury case is a car accident, slip and fall, medical malpractice, or other type of case, the statute of limitations is a critical deadline that must be met to ensure that accident victims ultimately receive compensation for their injuries and other associated damages caused by the accident. Statutes of limitations exist in order to ensure that the evidence brought forward in such cases is up to date and that adequate witnesses will be available.

The North Carolina Three-Year Statute of Limitations

In the state of North Carolina, the statute of limitations for personal injury cases is typically three years. However, depending on the specific details of your case, your statute of limitations could be different. It’s critical to work with an experienced personal injury lawyer who can help you understand the specific statute of limitations for your case and any other pertinent deadlines.

By failing to file a personal injury claim within the statute of limitations, victims can lose access to a variety of compensation, including the following:

• Medical expenses. Any compensation for medical expenses associated with injuries from the accident, such as hospital bills, surgery fees, medical devices, medications, diagnostic tests, rehabilitation, and transportation to and from medical visits, will likely be forfeited.
• Lost income. If you are out of work due to injuries sustained from your accident, you can lose your right to obtain compensation for this lost income or loss of earning potential if you miss the statute of limitations.
• Property damage. If you sustained any property damage from your personal injury accident and needed to make repairs or replacements, you can lose access to compensation for this if you miss the statute of limitations.

Accident victims who failed to file a lawsuit within the statute of limitations period also lose access to non-economic compensation, such as pain and suffering, scarring and disfigurement, and loss of enjoyment of life.

Contributory Negligence Rules

A critical legal theory to understand when going through a personal injury lawsuit is contributory negligence. As North Carolina follows a pure contributory negligence rule, this means that individuals who were found partially at fault for an accident are unable to recover any compensation. As this rule is severely strict compared to other states, it can serve as a serious barrier for plaintiffs who are seeking compensation for damages.

There are, however, exceptions to the contributory negligence rule, such as if the defendant had a last chance to avoid the accident from happening and failed to do so. An experienced personal injury lawyer can bring forward robust evidence to your case to show that the other party was at fault for your accident. If they cannot prove the complete negligence of the other party, they can help you explore alternative legal strategies to assist you with pursuing compensation.

FAQs

Q: What Is the Personal Injury Cap in NC?

A: In the state of North Carolina, there is no cap on the amount of money personal injury victims can receive for compensatory damages. Compensatory damages include expenses lost due to injury, such as medical bills, lost wages, loss of earning potential, and property damage costs. An experienced lawyer can help you understand whether any personal injury cap laws may apply to your case, as well as the amount you may expect to receive.

Q: Does North Carolina Have a Statute of Limitations for Personal Injury Cases?

A: North Carolina does have a statute of limitations for personal injury cases. The statute of limitations is dependent on various details associated with the case, such as the case type in other circumstances. However, generally, the statute of limitations is three years from the date the victim is injured or discovers an illness or injury because of another individual’s recklessness or wrongdoing.

Q: How Long Do You Have to Sue in NC After an Accident?

A: The amount of time you have to sue after an accident occurs in North Carolina is known as the statute of limitations. Although the statute of limitation varies depending on specific case details, this period is typically three years from the date the accident occurs. If individuals do not file a personal injury lawsuit for their accident within the legal time limit, they can lose their rights to recover compensation for damages.

Q: What Is Personal Injury in NC?

A: In North Carolina, personal injury cases involve injuries and damages that are caused by another party’s recklessness or wrongdoing. Personal injury cases can include slip and fall accidents, assault cases, car accidents, medical malpractice, wrongful death, and more. Such cases include instances of interior damage for which another party is legally liable. A personal injury lawyer can help victims recover the compensation they are entitled to.

Champion Your Personal Injury Case With an Experienced Lawyer

If you have been harmed due to the recklessness or wrongdoing of another party, you should seek the compensation you are entitled to. An experienced personal injury lawyer from Butler, Quinn & Hochman, PLLC is here to assist you with understanding and pursuing the full amount of compensation you are entitled to. Contact us today to get started designing and implementing an optimal legal plan to pursue compensation for all you have lost.