North Carolina law dictates a time limit for those who want to file a civil suit. This time limit is called the “statute of limitations.” Failure to file within the time limit usually results in the case being dismissed. The statute of limitations is relatively easy to determine for folks injured in a car accident.
The basic rule in North Carolina is that an adult injured in a car accident has three years from the date of injury to file suit. The relevant statute, North Carolina General Statutes § 1-52(16), provides that the period does not begin to run “until bodily harm to the claimant . . . becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.” Because most claimants immediately know that they are injured, the three-year period typically begins on the date of the collision.
Exceptions to the Statute of Limitations
A few important exceptions exist to the three-year North Carolina statute of limitations. First, wrongful death cases arising out of car accidents are treated differently. North Carolina General Statutes § 1-53 provides a two-year statute of limitations for wrongful death cases involving automobile collisions. In most cases, the 2-year period does not begin until the date of death. However, there are exceptions, including if the person survives for more than one year. In that case, the statute of limitations may be three years from the date of the wreck. If a loved one has passed away because of an automobile collision, it is critical that you immediately talk with an attorney; the statute of limitations for wrongful death requires more analysis than for a crash only causing injury, and an immediate investigation should be undertaken.
Another exception to the 3-year statute of limitations is for collisions involving injury to a minor. Generally, a minor’s claim for “general damages,” including pain and suffering, scarring, disability, and future medical expenses beyond 18, may be filed at any time until the minor reaches age 21. The minor has three years from age 18 to file suit. A parent may appoint a guardian ad litem and file suit on behalf of the child until they reach 18. Notably, any claim the parent has, including a claim for medical expenses related to the child’s care until the age of 18, must still be filed under the standard 3-year statute of limitations.
Contact a North Carolina Personal Injury Attorney
There are many other exceptions to North Carolina’s personal injury statute of limitations, including situations where the injured party is rendered incompetent. These exceptions must be discussed with a licensed attorney. If you have any doubt about the time limit within which a suit must be filed, you should seek a free consultation with an experienced personal injury attorney. Additionally, because filing a lawsuit is a complicated process requiring significant investigation, it is essential that you contact an attorney well in advance of the statute of limitations.
If you or a loved one has been injured in an automobile collision and you are concerned about a statute of limitations, contact the Raleigh, Charlotte, and Fayetteville personal injury attorneys of Maginnis Howard for a free consultation. You may also use our contact page to submit an inquiry.
