How Long Do I Have to File a Claim After an Auto Accident in North Carolina?
When you sustain injuries and losses in a car accident, you can seek compensation from the person (or people) who caused them. However, you cannot file a claim or lawsuit whenever you wish. You must do so within a specific time period. This is known as the “statute of limitations,” and failing to file within the appropriate time can have significant consequences on your claim. In fact, it could potentially bar you from receiving compensation for your injuries and losses.
In North Carolina, the statute of limitations for a car accident claim or lawsuit is three years from the date of the injury. This timeframe applies to various damages, including medical expenses, lost wages, pain and suffering, and property damage.
While this may seem like a sufficient period, it’s essential to act promptly due to potential challenges in obtaining evidence as time passes. Here’s why you shouldn’t wait to discuss your case with our Charlotte car accident attorneys:
- Preserving essential evidence: We can help gather critical evidence like police reports, witness statements, accident scene photos, and medical records. The sooner we act, the better chance we have of securing this vital information.
- Building a strong case: A strong personal injury case relies on a thorough investigation. By acting promptly, we can reconstruct the accident scene, identify liable parties, and determine the extent of your damages.
- Negotiation leverage: Insurance companies are more likely to offer a fair settlement when they know you’re serious about pursuing a lawsuit if necessary.
Are there exceptions to the three-year statute of limitations?
Yes, there are exceptions to the three-year rule. These include:
- Minors: If the injured party was a minor at the time of the accident, the three-year clock doesn’t begin ticking until they turn 18. They then have three years from their 18th birthday to file a lawsuit.
- Discovery of injury: In some cases, the full extent of your injuries might not be immediately apparent. North Carolina law allows the clock to start from the date you discovered the injury, provided it was reasonable that you could not have discovered it earlier. However, lawsuits generally cannot be filed more than ten years after the accident.
Why you need an experienced Charlotte car accident attorney
While the three-year rule is a good starting point, understanding the nuances of North Carolina car accident law is crucial. Our experienced personal injury attorneys can help you navigate the legal complexities and determine the best course of action for your situation. Here’s how our lawyers can assist you:
- Evaluate your case: We assess the strength of your claim, identify potential liable parties, and determine the types of damages you may be entitled to recover.
- Handle negotiations: We negotiate with insurance companies on your behalf, aiming to secure a fair settlement that covers all your losses.
- Prepare for court: If a settlement cannot be reached, we represent you in court to fight for the compensation you deserve.
If you’ve been injured in a car accident, reach out to one of our experienced Charlotte personal injury attorneys today. We understand the physical, emotional, and financial burdens you face, and we’re here to help you navigate the legal process and fight for the compensation you deserve. The sooner you act, the stronger your case will be. Early legal assistance can significantly increase your chances of a successful outcome.
Common questions and answers about Charlotte car accidents
After an accident, you may have many questions and concerns. Here are some we frequently hear from our clients:
- What if I share fault for the accident? North Carolina follows a contributory negligence system. If you are found partially at fault, it can affect the compensation you receive. Our attorneys navigate these complexities to fight for the compensation you deserve based on the specific degree of fault attributed to you.
- What if the insurance company denies my claim? Insurance companies may deny large settlements. If your claim is denied, our attorneys can help you understand the reasons for the denial and fight to get your claim reviewed fairly.
- Can’t I just handle this myself? While it is technically possible to handle a car accident claim yourself, the legal process can be complex. At Price, Petho & Associates, our experienced attorneys understand the intricacies of North Carolina personal injury law and can significantly improve your chances of a successful outcome. We’ll deal with insurance companies on your behalf, gather evidence, and ensure you meet all deadlines.
The aftermath of a car accident can be a challenging time. The physical and emotional toll, coupled with the legal hassle, can be overwhelming. By understanding the North Carolina car accident claim deadline and seeking the guidance of a qualified personal injury attorney, you can take control of the situation and focus on your recovery.
Remember, our lawyers can:
- Protect your rights: Ensuring you understand your legal options and fight for the compensation you deserve.
- Reduce your stress: Handling the legal complexities, allowing you to focus on healing from your injuries.
- Maximize your compensation: We have the experience and knowledge to negotiate effectively with insurance companies.
Do not wait until it’s too late. If you’ve been injured in a car accident in Charlotte, contact a personal injury attorney today. At Price, Petho & Associates, we have the resources and skills you need for your car accident case. Please call our office or complete our contact form to schedule a free consultation to discuss your claim today. We look forward to meeting you at one of our office locations in Charlotte, Rockingham, or Rutherfordton.
Attorney Doug Petho is the owner and founder of Price, Petho & Associates. His primary focus is the litigation of plaintiff’s personal injury suits, and he has successfully tried hundreds of cases to jury verdict involving car accidents, trucking accidents, pedestrian accidents, slip and fall accidents, and work-related accidents. Contact his office in Charlotte today.