What is the North Carolina statute of limitations for a car accident injury claim? After sustaining injuries or property damages in a car accident because of negligence, there is a vital personal injury statute that could significantly affect your civil claim. An experienced North Carolina personal injury attorney with Edwards Injury Law can help answer questions on the timeframe for your case and ensure that you file your lawsuit within the statute’s timeline. For help to file a civil claim, contact us today.
The statute of limitations sets a strict court-enforced time limit on the plaintiff’s amount of time to commence the legal action. While there are varying timelines, under North Carolina General Statutes section § 1-52, the statute for most personal injury claims is three years from the date of the cause of action. The regulation does not apply to car insurance claims and settlements. After a crash, insurance companies require prompt notification and begin the claim immediately.
When the plaintiff does not file the civil action before the statute expires, the defendant has the legal right to enforce the regulation and request that the court dismiss the lawsuit. After the statute expires, the judge will often dismiss and close the case at the defendant’s request. If the court dismisses the claim for damages, the plaintiff will have no other options for recovering compensation from the negligent party.
Exceptions to the Statute of Limitations Filing Deadline
While it is always best to file a civil action right away, there are some exceptions to the statute of limitations. There may be potential to extend the timeline for filing a civil claim in certain situations.
The Injured Party is a Minor at the Time of the Car Accident
If the injured party is under 18 years old at the time of the vehicle collision, there is an exception to the statute. In the case of a minor, the clock will not begin running until the claimant’s 18 birthday and expires on their 21st.
The Plaintiff has a Legal Disability at the Time of The Accident
There is an exception if the plaintiff has a legal disability, such as the accident leaving the party with mental incapacitation. The clock will not begin running immediately at the time of the car crash. With mental disabilities, the statute of limitations will start running when the disability ends.
The Discovery Rule
There are cases where the plaintiff does not immediately know they suffered injuries in a vehicle collision. In that case, the statute will begin running on the day they knew or should have reasonably discovered the injuries.
The Defendant Leaves North Carolina Before the Plaintiff Files the Lawsuit
Finally, if the defendant suddenly leaves the state after the accident but before the plaintiff files the claim for damages, there is an exception. The statute of limitations clock will begin running when the defendant returns to the state.
What Is the First Step if I was Injured in an Auto Accident?
Personal injury claims begin with filing the claim for damage recovery with the civil court. The claim will include all the vital information about the case, including:
- Involved party information, including the plaintiff, defendant, and any third-parties,
- Details about the accident,
- Jurisdiction information,
- The total cost of damages,
- The demand for compensation.
After filing the complaint in court, the next step is notifying the defendant that the claimant brought legal action against them. Mailing a complete copy of the lawsuit to the defendant’s address will fulfill this requirement. A hard-working attorney would ensure they file the complaint appropriately and inform the defendant as necessary.
File the Civil Claim Promptly for Maximum Recovery Potential
It is always in the plaintiff’s best interest to file the lawsuit with the civil court promptly. Commencing the legal action right away will ensure no problems because of the statute of limitations, and all the evidence, such as witness statements, is still recent and readily available.
How Edwards Injury Law Will Help
If you or a loved one were in a car collision because of a negligent driver, an experienced lawyer at Edwards Injury Law would ensure you get the maximum award amount you deserve. They could handle the insurance company negotiations on your behalf, and if they do not reach an agreement you agree with, help take your claim to civil court and ensure they file the claim within the statute’s requirements. If you need help with damage recovery and filing a claim after a car accident, contact us today to schedule a consultation. Our firm is a black-owned and veteran-owned business devoted to its clients and community.
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