Personal injury laws in North Carolina set a specific time limit for individuals to file a lawsuit for any injury sustained due to negligence. This time limit is referred to as the ‘statute of limitations’. It is important for anyone who has sustained an injury to understand the personal injury statute of limitations, so that they can make an informed decision about when to take legal action.
What is a Statute of Limitations?
A statute of limitations is a law that sets a maximum period of time in which legal action can be taken. The purpose of a statute of limitations is to ensure that legal claims are filed in a timely manner, so that the person responsible for the injury can be held accountable. Statutes set specific deadlines for different types of cases, and if those deadlines aren’t met, the court may not allow the case to go through. Different states have their own statutes with varying lengths and exceptions depending on the type of case. It is important for those seeking legal resolution to be aware of any applicable statutes applicable in their case because failure to file within the allotted timeline could mean that they will not be able to obtain recourse.
What is the Personal Injury Statute of Limitations in North Carolina?
In North Carolina, the personal injury statute of limitations is three years. This means that an individual who has been injured due to the negligence of another person has three years from the date of the injury to file a lawsuit. If the lawsuit is not filed within this time frame, the individual may not be able to pursue legal action and may lose their right to receive compensation for their injuries.
Exceptions to the Personal Injury Statute of Limitations
When it comes to personal injury cases, North Carolina has several statutes of limitation that must be followed. However, in some cases, there may be exceptions to these statutes which can provide an injured person with more time to file a claim.
The general statute of limitations for personal injury in North Carolina is three years from the date of injury. However, there are some exceptions to this rule that could extend the time allowed for an individual to file a personal injury claim.
One exception is the Discovery Rule. This rule states that if a person was unaware of the injury or its cause for a period of time, the statute of limitations will begin to run when the person discovers or reasonably should have discovered the injury or its cause.
Another exception to the statute of limitations is the Statute of Repose. This applies in cases where a manufacturer or seller of a product is being held liable for an injury caused by the product. The Statute of Repose states that the claim must be filed within 10 years of the date the product was first sold.
In addition, there are a few other exceptions to the statute of limitations in North Carolina, such as the Minor’s Tolling Statute and the Fraudulent Concealment Statute. The Minor’s Tolling Statute allows minors to file a claim within three years of reaching the age of majority. The Fraudulent Concealment Statute states that if a defendant has fraudulently concealed facts related to the injury, the statute of limitations will not begin to run until the plaintiff discovers or reasonably should have discovered the injury or its cause.
Although there are exceptions to the general statute of limitations for personal injury in North Carolina, it is important to note that the statute of limitations begins to run as soon as the injury occurs. Therefore, it is important to seek legal counsel as soon as possible to ensure that you do not miss the deadline for filing a claim.
What Should You Do If You Have Been Injured?
If you have been injured due to the negligence of another person, it is important to take action as soon as possible. You should speak to an experienced personal injury lawyer who can advise you on the best course of action and help you understand the personal injury statute of limitations in North Carolina. An experienced lawyer can also help you to negotiate a settlement with the responsible party and ensure that you receive the compensation you deserve for your injuries.
In summary, those who wish to pursue legal action against an offender must act quickly; otherwise, they can miss out on their opportunity due to an expired statute of limitations. In North Carolina, anyone wishing to pursue legal action must do so within three years from the date of their injury—although exceptions do exist if certain conditions are met. It is important that victims understand their rights and act quickly if they believe they have been wrongfully injured so as not to miss out on any opportunities for justice or compensation due to an expired statute of limitations. If you or someone you know has sustained an injury due to someone else’s negligence, contact Garrett, Walker, Aycoth & Olson, Attorneys at Law. Our experienced personal injury attorneys are here to help you explore your legal options and get the compensation you deserve.