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North Carolina Statute of Limitations for Personal Injuries

You have a limited amount of time to file a lawsuit if you are injured by someone else’s carelessness or misconduct, and their insurance company refuses to compensate you for your medical bills and other losses. North Carolina’s statute of limitations for filing personal injury claims is generally three years from the date of injury. N.C.G.S§1-52.  If the claim is not settled or law suit filed in that time, the claim dies – forever!

Three years pass quickly when dealing with a complex injury claim. Before a lawsuit is filed, it is usually best for the injured individual to recover to the fullest extent possible to have a reasonable estimate of the medical expenses, lost income and pain and suffering involved. Before the law suit is filed personal injury attorney must investigate the injury to determine who is at fault, identify the applicable insurance companies, calculate the injured person’s losses, and then prepare an injury claim. It’s important to act quickly before valuable evidence deteriorates or is lost.

At Younce, Vtipil, Baznik & Banks, P.A., our attorneys have the experience and dedication your case deserves. If you have been injured because of someone else’s negligence, contact our personal injury law firm at 919-661-9000 or online for a free initial consultation.

In most personal injury cases in North Carolina, the statute of limitations allows three years from the date of the injury to file a lawsuit seeking compensation for your losses. This applies to:

N.C. Statute of Limitations for Injured Juveniles

Another exception to North Carolina law allows a young person who has been unjustly injured while still a child three years after their 18th birthday to file a personal injury claim. Under the wording of the applicable statute, N.C.G.S. §1-17, a young person and anyone who is “under a disability at the time” of injury may file a claim within three years “after the disability is removed.” Disability includes being “insane” or “incompetent” according to the legal definition.

A plaintiff who suffered sexual abuse while under the age of 18 has until they are 28 years old or within two years of a criminal conviction for a related felony sexual offense to file a civil claim against the perpetrator, regardless of their age at the time of the assault.

Contact a Personal Injury Attorney in North Carolina Today

North Carolina’s time limit for filing a personal injury claim has many exceptions and is complicated to interpret. It’s important to consult a knowledgeable lawyer as soon as possible if you have sustained an injury in an accident. The North Carolina personal injury lawyers at Younce, Vtipil, Baznik & Banks, P.A. can explain your legal options and discuss how the statute of limitations applies to your situation. We offer a free consultation. Contact us now online or by phone at 919-661-9000.

About the Author

Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.

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