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North Carolina Personal Injury Statute of Limitations
If you have been injured due to someone else’s negligence in the Tar Heel state, the clock is already ticking on your right to seek justice. Whether you were involved in a Charlotte fender bender or a slip and fall accident in Raleigh, the law imposes strict deadlines known as the North Carolina personal injury statute of limitations.
What Is the Statute of Limitations for Personal Injury Claims in North Carolina?
The statute of limitations for personal injury claims in North Carolina is three years. This means that if you’re injured due to someone else’s negligence, you have to file a legal claim within three years of the date of the injury or the date you discovered the injury. The three-year statute of limitations applies to these personal injury claims:
- Car accidents. There were 113,602 people injured in car accidents on North Carolina roads in 2024.
- Slip and fall accidents. These accounted for 21% of workplace fatalities in North Carolina in 2023.
- Medical malpractice
- Product liability
- Wrongful death
If you fail to meet the deadline, the court will likely dismiss your case, and you could lose the opportunity to seek compensation for your injuries.
Exceptions to the Three-Year Limit
While the statute of limitations in North Carolina is three years, there are exceptions in which the clock may start running later than the date of injury.
The Discovery Rule
In cases involving Medical malpractice or certain types of toxic exposure, the statute of limitations may be extended based on the discovery rule. Under this rule, the three-year time limit doesn’t start on the date of the injury, but on the date you discover or should have discovered the injury. It is important in cases where the harm was not immediately apparent. For example, if you are diagnosed with a medical condition years after a surgical procedure, the three-year statute of limitations might begin when you are first diagnosed with the injury, not the day the surgery took place.
Minors and Individuals with Disabilities
In North Carolina, if the injured individual is a minor or has a disability and is deemed mentally incompetent, the statute of limitations may be paused until they reach the age of majority or become mentally competent. For example, if a 15-year-old were injured in an accident, they would not have to file a legal claim within three years of the injury. Instead, the statute of limitations clock will begin on their 18th birthday.
Government Claims
If your injury is caused by a government agency such as the city, county, or state, you may be subject to a shorter statute of limitations, sometimes as short as one year.
Fraudulent Concealment
If the defendant fraudulently hides their actions or involvement in causing your injury, the statute of limitations may be extended. This is often seen in cases of toxic exposure or defective products where the harm is not immediately visible.
Why Does the Statute of Limitations Matter?
The statute of limitations matters because it:
- Preserves evidence: Over time, evidence can deteriorate, and the witnesses’ memories can fade. The statute of limitations ensures that legal disputes are resolved while the evidence is still fresh and reliable.
- Certainty and finality: Limiting the time to bring a legal claim helps provide legal certainty. After the limit expires, individuals and entities can be confident that they are no longer exposed to potential legal claims from past events.
- Encouraging prompt action: By enforcing a time limit, the statute encourages injured parties to act promptly. This means they must seek compensation before their case becomes harder to prove.
What Happens After the Statute of Limitations Expires?
Once the statute of limitations has expired, your legal right to file a legal claim is usually barred. This means that even if you have a valid claim, the court will likely dismiss your case without hearing it. The other party can also file a motion to dismiss based on the statute of limitations expiring, and the court will typically grant it. That is why it is essential to act quickly. If you suspect that you have a personal injury claim, it is important to reach out to a lawyer at the Law Office of Jacob Goad as soon as possible. Your attorney can help ensure that you meet all legal deadlines, gather necessary evidence, and take the appropriate steps to seek the compensation you deserve.
FAQs
What Qualifies as a Personal Injury in North Carolina?
A personal injury is when you suffer physical, mental, or financial harm due to another party’s negligence or intentional actions. Some of the most common personal injury cases include motor vehicle accidents, premises liability, slip-and-fall cases, dog bites, medical malpractice, and product liability. An experienced lawyer can help you navigate these types of cases.
What Is Contributory Negligence in North Carolina?
North Carolina follows the pure contributory negligence rule. This means that parties found to share some of the fault for the accident may not be eligible to pursue any compensation. If you believe that you share some fault for the accident, you should consult with legal counsel to protect your right to recovery.
How Long Do I Have to File a Personal Injury Claim?
For a majority of personal injury cases in North Carolina, the deadline is three years from the date of the injury. There are some exceptions to the three-year rule, such as wrongful death, if the victim was a minor at the time of the accident, it was medical malpractice but wasn’t discovered immediately, or the injury was not apparent right away.
What Happens if I Miss the Statute of Limitations Deadline?
If you file after the statute has expired, the defendant will likely move to dismiss your case. Except in extremely rare circumstances, such as the defendant leaving the state to avoid service, the court will likely dismiss the case, no matter how strong your evidence is, if you file after the statute of limitations has expired.
Hire a Personal Injury Lawyer
The 2026 landscape for personal injury in North Carolina remains rooted in the principle of contributory negligence, which makes these cases even more difficult to win. Combined with strict statute of limitations, the margin for error is increasingly small. If you have experienced a personal injury in North Carolina, you need to hire a personal injury lawyer at the Law Office of Jacob Goad, so contact us as soon as possible.
