If you’ve been severely injured as a result of an auto crash and you believe that you could have a legal claim for personal injury within North Carolina, you must pay particular attention to what’s called”the “statute of limitation.” It statute of limitations differs according to the state, and defines the period of time you are allowed to submit an personal negligence or injury lawsuit against an individual or company that caused injury to the victim and caused damage. Knowing the statute of limitations is essential because if fail to submit your claim before the expiration of the time limit, the court may not consider your case, no matter the amount of evidence it has.
There are some exceptions, the rule of thumb for North Carolina is that you have 3 (3) year to bring a claim from the date of your injury. One of the most crucial things to know about time limits is you should not be waiting until the statute expires before making a claim.
If you are unsure regarding what the time limit is applicable to your situation You should contact an Personal injury attorney to discuss your case.
What’s the Statute of Limitations for Personal Injuries in North Carolina?
Simply put, the statute limitations is basically the deadline for filing a lawsuit. It’s there to ensure that claimants do not wait too long to make a claim. If you wait until the deadline has passed to submit your lawsuit, then your lawsuit is dismissed. If you file your lawsuit before the deadline, but you are not able to provide the defendant with the suit or serve the defendant with the lawsuit, your case is dismissed.
In most instances the statute of limitations will start to expire (or “toll”) at the day you became injured, or in other words on the day you were injured.
The time frame for the statute will be contingent on the kind of accident as well as your injuries. Here are some of the most common statutes of limitations for North Carolina, depending on the kind of injury you sustained.
Demands for Claims for Personal Injuries
The deadline for filing an injury claim is three years from the time the injury happened, or should have been apparent. N.C.G.S. SS 1-52(16).
Claims of Wrongful Death
An action for the wrongful death has to be filed within 2 years after the death. N.C.G.S. SS 1-53(4).
If a defective product has caused the death or injury of a person to the person who was injured and the plaintiff is suing for personal injury needs to be filed within 3 years from when the injury occurred or 2 years after when the death occurred,, but not later than 12 years following the product’s purchase date for initial consumption or usage. N.C.G.S. SS 1-46.1.
To initiate an action in the area of medical Malpractice within North Carolina, you must bring the suit within 3 years from the final act of the defendant or within the 4 calendar year “statute of repose”. This statute is only applicable in the event that the injury is not evident until at least 2 years had passed from when the final action by the defendant and you must bring suit within one year of the date of discovery however not more than 4 years after the date of the last action taken by the defendant. In some circumstances, this time frame may be extended, however these are very uncommon. N.C.G.S. SSSS 1-15(c) in addition to 1-52(16).
Statute of Limitations in Other States
If you are a resident of North Carolina, but have been injured in a different state the statute of limitations in the state you reside in may differ from the three-year limitation period that governs the day in North Carolina. The lawyers at our firm are authorized to practise law in Florida and, therefore, if you’re injured on vacation, you should get in touch with us for help. We’ve seen laws as short as one year and up to 6 years. If you’ve been injured in a different state, please call us at (919) 460-5422. We’ll put you in contact with a lawyer in the state where you suffered injuries that could be able to assist you.
Keep in mind that the statutes of limitations is short in most cases, so it is essential to act promptly to ensure that your rights aren’t wiped out before you realize it.
Exemptions from the Statute of Limitations
There are instances (although uncommon) when an exception may apply to extend the time limit in your situation. It is usually the case when the victim was a minor. Because children are not legally entitled to pursue a lawsuit the law, the statute of limitations for them won’t be in effect until they reach the age of age 18.
There are other exceptions in the event that you are injured by a federal or state government agency (you are struck by a postman for instance). In these cases, specific notice provisions might be required and the time period for completing the limitation period may be reduced or extended dependent on the party who injured you.
Parting thoughts about the Statute of Limitations in North Carolina
The most important thing to remember for anything that has to do with making a claim is to not rely in the Internet to assist you in winning your case. The law is a complex field and the rules are both technical and complicated. Even something as simple as filing a lawsuit before the expiration time of the limitation period may be incredibly complicated.
If you’re having questions or don’t know where to begin, you can call an Personal Injury Lawyer to assist you.
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