Did you know that you only have a certain amount of time to file a personal injury claim in North Carolina? To ensure you file your claim on time, here's what you should know about the time limits and how they can affect your case.
The time limit for making a personal injury claim is known as the statute of limitations. It usually runs from the accident date, i.e., the day you suffered the injury. The idea behind the time limit is to encourage plaintiffs to contact an attorney and file their claim as soon as possible.
Normally, in North Carolina, you have three years from the date of the accident to file a personal injury claim, i.e., to notify the courts that you're making a claim. This three-year time limit includes claims against a negligent person whom you hold responsible for an accident at work.
However, if you're making a workers' comp claim, you must file it within two years of the injury or illness.
When it comes to auto accidents, trips and falls, and workers' comp claims, the time limit is usually strict. However, there are some very limited exceptions that could apply, depending on the circumstances.
The laws around exceptions to the statute of limitations are complex. Essentially, although some exceptions apply, you'll normally need to make a claim within three years of the accident date, or else it's time-barred.
A personal injury lawyer can give you more advice on the time limit that applies in your case.
If you fail to file your claim within three years of the accident date, the defendant will likely refuse to settle your case on the grounds that it's out of time. Unless one of the exceptions applies, your claim will fail, and you won't be able to claim damages.
Are you worried that you're running out of time to make your claim? Don't hesitate to contact a personal injury lawyer in North Carolina for advice.
At the Rodzik Law Group, we have over 28 years' worth of experience in helping clients secure the damages they're entitled to. If you've been injured in an accident and you think you have a personal injury claim, call us now on 910-762-1199 for a consultation with one of our experienced attorneys. We can advise you whether you have a case, and what your prospects of success may be.