How long do I have to file a personal injury claim?
In North Carolina, you typically have three years from the injury date to file a personal injury lawsuit under N.C.G.S. § 1-52 – with some exceptions.
Key details regarding the North Carolina statute of limitations include:
- Wrongful death – Claims must be filed within two years of the date of death under C.G.S. § 1-53.
- Minors – The three-year statute of limitations for injured minors does not begin until they turn 18. The parents’ statute of limitations is three years if they are responsible for the child’s medical bills.
- Other states – If the injury accident happens in another state, that state’s statute of limitations will apply. Some neighboring states have statutes of limitations as short as one year.
- Property damage – The three-year limit also generally applies to any property damaged in the accident, such as your vehicle in a collision.
- Consequence – Failure to file within this period usually results in the court dismissing the case.
Missing the deadline can prevent you from pursuing compensation, so reach out to a lawyer as soon as possible to protect your right to financial recovery.
