If you or somebody you care about has sustained an injury caused by the careless, negligent, or intentional actions of another individual, business, or entity, you should be able to recover compensation. Often, injury victims are able to secure compensation through settlements with insurance carriers. However, that is not always the case. Sometimes, North Carolina injury victims have to file personal injury lawsuits against the alleged negligent parties in order to secure the compensation they need. In North Carolina, injury victims need to be aware that they have a limited amount of time to file a lawsuit in order to recover compensation. This time limit is specified in the North Carolina personal injury statute of limitations.
What is the North Carolina personal injury statute of limitations?
Every state places limitations on the amount of time a person has to file a lawsuit after they have suffered some type of injury. In North Carolina, the personal injury statute of limitations is three years from the date an injury occurs (North Carolina General Statutes section 1-52). If a victim fails to file a lawsuit against the alleged negligent party within this three-year window, they will likely lose the ability to recover the compensation they are entitled to, regardless of how severe the injuries are or how clear the fault of the other party may be.
Are there exceptions to the North Carolina personal injury statute of limitations?
There are some exceptions to the three-year statute of limitations in North Carolina for personal injury claims.
- If the injury victim is considered to be under a legal disability at the time of the incident, then the statute of limitations will be paused until the legal disability has been lifted. In these cases, a legal disability will mean that a person is a minor under the age of 18 or is considered to be “insane” or “incompetent” under North Carolina law.
- If the person who allegedly caused the injuries leave North Carolina after the injury occurs but before a lawsuit can be filed, or if they remain continuously absent from the state for a period of one year or more, then their period of absence will not be counted towards the three-year statute of limitations.
What about insurance reporting deadlines?
The vast majority of personal injury claims in North Carolina are resolved through settlements with insurance carriers before a personal injury lawsuit is even filed. However, if the injury case happens to be one that involves insurance carriers (i.e. vehicle accidents, premises liability claims, accidents on private property), then victims need to be aware that insurance carriers have strict reporting deadlines.
Often, an insurance carrier requires that a report be made within a day or two after the incident occurs. Failing to abide by the insurance carrier reporting deadlines could result in a claim being delayed or denied altogether.
Call a North Carolina personal injury lawyer today
If you or somebody you care about has sustained an injury caused by the careless or negligent actions of somebody else in North Carolina, contact the team at Price Petho & Associates P.L.L.C. today. Our attorneys have extensive experience handling complex injury cases, and we know what it takes to help our clients secure the compensation they deserve. This includes coverage of their medical bills, lost income, pain and suffering damages, and more. When you need a North Carolina personal injury attorney, you can contact us for a free consultation of your case by clicking here or calling 704-850-6322.