If you’ve been harmed in an accident, you probably want to be compensated for your injuries and losses. You want to explore filing a lawsuit but aren’t sure about the timing or how to do it. So, exactly how long do you have? For most North Carolina personal injury cases, you have three years to file. Known as the statute of limitations, if you miss this important deadline, you also miss the chance to get much needed funds in a winning case. While three years sounds like a lot of time, it can fly by, and you don’t want to miss out on the chance to seek money damages for injuries that you have suffered due to someone’s negligence. This is why you want to get an attorney involved as soon as possible.
At Tatum & Atkins, we have passionately advocated for numerous clients. If you’re thinking about filing a personal injury lawsuit, time is not always on your side. Don’t hesitate to contact us now to schedule your free initial consultation—you have nothing to lose and everything to gain!
The statute of limitations refers to the length of time that an individual has to file a certain type of lawsuit. In a personal injury case, it is the time period that the injured person (the plaintiff) has to sue the party or parties that caused their injuries. The court will typically block claims that are put forth after the statute of limitations has passed, except for a few exceptions.
The North Carolina three-year statute of limitations means that a plaintiff only has three years to file a suit from the date that the accident or incident occurred.
In personal injury cases, there is usually an obvious and recognizable cause of your injury. For example, if you’re involved in a motor vehicle collision (whether you’re in another car, motorcycle, or a pedestrian), you will usually know about your injuries right after the accident or at least within a reasonable time later when symptoms develop. This is why it’s thought to be realistic that these claims should be filed within three years.
However, some cases are more complex and less obvious and fall under the “rule of discovery.” Here, you can bring a claim within three years of the date that the injury was discovered or should’ve been reasonably discovered. Under this exception, claims are viable for up to ten years after the incident that caused the injury.
A wrongful death lawsuit stems from a willful act or negligence from one party that causes the death of an individual. Keep in mind that the statute of limitations for wrongful death suits is shorter than other PI lawsuits; you typically, have two years to file instead of three. The time begins on the date that the individual dies.
Your time to file a personal injury lawsuit is limited. If you’re an accident victim or your loved one died due to another person’s negligence, work with experienced PI attorney to get the most out of your claim. Tatum & Atkins attorneys have the expertise and care to protect your case at no upfront out of pocket cost to you. Contact us immediately to get started with a free consultation. When you call us, you talk to one of our firm partners because we know your time is valuable and you want answers right away. We look forward to speaking with you!