If you have suffered a serious injury, you undoubtedly have a long recovery before you. Besides just your physical recovery, your relationships, mental well-being, and employment can all be impacted. You may be asking if there are time limitations on bringing a lawsuit against the responsible party and how long you have to file it.
How Long Do I Have to file my lawsuit?
You have three (3) years in North Carolina to file a lawsuit against the negligent parties. In legal terms, that is referred to as the “statute of limitations.” For a personal injury claim, the three year clock starts running when the injury occurs.
What if i have claims other than negligence?
There are different time limits, or statutes of limitations, for other types of claims. For instance, breach of contract, fraud, and property damage all have different deadlines. An experienced personal injury lawyer can evaluate the facts and details in your case to see if you still have a valid claim.
WHAT if I Don’t File My lawsuit within the time period?
Unfortunately, if you don’t file your lawsuit within the time period (three (3) years for personal injury claims) then your lawsuit can be dismissed, even if your case is very strong. This is one of the first lines of attack an insurance company will try to use against you. So it is important critical that you are aware of your deadline to file a lawsuit or contact a lawyer to see if they can help.
WHY Is it important to contact a lawyer as soon as possible after my accident?
An experience lawyer can not only ensure that you can file within the deadline, but also they can also conduct an investigation that can support your case. Witnesses can forget what happened over the course of months and years, and physical evidence has a tendency to be discarded or destroyed if not collected quickly.
WHAT IF my accident happened in a different state?
Every state has different statutes and laws, so if your accident did not occur within North Carolina, your deadline to file a lawsuit could be more or less than three years. You should contact a licensed lawyer from the state where your accident happened to ensure that you are aware of what laws apply and how that impacts your deadline to file your lawsuit.