What Is the Statute of Limitations? 
The statute of limitations is the legal term for the time limit within which you must file a lawsuit. It’s essentially a clock that starts ticking the moment an event occurs, such as when you are injured in an accident. Once the time limit expires, the court may refuse to hear your case. This means that if you don’t act within the designated period, you may be unable to recover compensation, no matter how severe your injuries.
In North Carolina, the statute of limitations for personal injury claims, which includes summer accidents like car accidents, slip and falls, and dog bites, is three years. From the date of the accident, you generally have three years to file a lawsuit. However, this time frame can vary depending on certain factors.
Why Is the Statute of Limitations Important?
The statute of limitations is not just a technical detail; it’s a critical aspect of your case. If you fail to file your lawsuit within the applicable time limit, you might lose your right to pursue compensation. This could leave you struggling with medical bills, lost wages, and pain and suffering without any legal recourse.
Marcel McCrea
Attorney
When Does the Statute of Limitations Start?
The clock on the statute of limitations starts ticking on the day of the accident or injury. For example, if you are involved in a car accident on July 1st, your deadline to file a lawsuit for injuries caused by that accident would be July 1st three years later. In some cases, however, the statute of limitations may not begin on the day of the accident. This is known as the “discovery rule,” and it applies in cases where an injury is not immediately apparent. For example, if you were in a car accident and didn’t realize the full extent of your injuries until months later, the statute of limitations could begin when the injury was discovered or should have been discovered.Exceptions to the Statute of Limitations
While the three-year statute of limitations is generally the rule for personal injury cases in North Carolina, there are some important exceptions that may shorten or extend the time frame in certain situations.
I have worked and referred cases to Attorney Marcel McCrea in Charlotte, North Carolina, for a number of years. His zealous advocacy, keen attention to details, and client care are particularly noteworthy. He has been especially helpful in some complicated personal injury matters that I have referred to his firm. I highly recommend Marcel McCrea and ClearView Legal for anyone looking for excellent attorneys.”
- Frantz Jacques
ClearView Legal do great work. When I had my car accident they were very diligent in showing me the process. They took care of all the necessary paperwork and negotiation in my personal injury claim. They were both passionate and determined to get me my settlement. I am eternally grateful. Definitely 5 star lawyers in my book."
- Osmund Marcellin
I was recently injured in a car accident. I hired Attorney Marcel McCrea of ClearView Legal in Charlotte, NC to help me with my personal injury matter and to recover for my medical bills, lost wages, and pain and suffering.
Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!"
- S. Jackson
Injuries Involving Minors
If a minor, someone under the age of 18, is injured in an accident, the statute of limitations is “tolled” or paused until the minor reaches the age of majority, which is 18. This means that a minor generally has until their 21st birthday to file a lawsuit for injuries sustained in a summer accident. This exception ensures that minors are not unfairly penalized due to their age.Claims Against Government Entities
If your accident involved a government entity, such as a city or state vehicle, the statute of limitations may be much shorter. In many cases, you only have one year to file a claim against the government. These types of cases are highly specific and require prompt action, so it’s important to seek legal help immediately if a government entity is involved.Wrongful Death Cases
In cases where a loved one dies due to the actions of someone else, the statute of limitations is different. In North Carolina, the statute of limitations for wrongful death lawsuits is generally two years from the date of death. This means that if a person dies from injuries sustained in a summer accident, the family has two years to file a lawsuit for wrongful death.What Happens if You Miss the Deadline?
Missing the statute of limitations deadline is serious. If you fail to file your lawsuit within the time limit, the court may dismiss your case, and you will lose the opportunity to recover compensation for your injuries. This includes not only physical injuries but also financial damages like medical bills, lost income, and emotional distress.Related Videos
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How Can an Attorney Help?
An experienced personal injury attorney can be your greatest ally when it comes to ensuring that your claim is filed on time. Attorneys are skilled in handling all the details of your case, including meeting deadlines and gathering the necessary evidence to support your claim. By consulting with a lawyer soon after your summer accident, you can ensure that your legal rights are preserved. An attorney can help you understand how the statute of limitations applies to your specific case, and can help you navigate any exceptions that might extend or shorten your time frame. Furthermore, personal injury attorneys can help you understand how to gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. They can also help you identify any potential issues with your case and ensure that your lawsuit is properly filed within the required time.Steps to Take After an Accident
If you’ve been involved in a summer accident, whether it’s a car crash, a slip and fall, or a dog bite, it’s important to take the following steps:- Seek Medical Attention: Even if your injuries seem minor, it’s crucial to see a doctor. Some injuries may not be immediately obvious but can worsen over time.
- Document Everything: Take photos of the accident scene, your injuries, and any property damage. If there were witnesses, get their contact information.
- File a Police Report: If your accident involved a car crash or another serious incident, filing a police report can help establish the facts.
- Consult with an Attorney: Contact an attorney as soon as possible to discuss your case and ensure that you meet the statute of limitations deadline.