How Long do I Have to File a Burn Injury Lawsuit in North Carolina?

Like any other personal injury lawsuit in North Carolina, a lawsuit involving a burn injury is subject to procedural and other rules of court, including what is known as “the statute of limitations.” In North Carolina, the limitations periods for various types of court claims are listed in Chapter 1 of the General Statutes, and the limitations periods for most personal injury claims are listed in Section 52 of Chapter 1. Under North Carolina law, a plaintiff—the person injured in a case—has only three years from the date of an injury to file a lawsuit. It is the plaintiff’s responsibility to file a lawsuit within that time period, and if one fails to do so, one’s claim may be lost forever.

A person who has suffered a serious burn injury in Charlotte, North Carolina has only three years to file a personal injury lawsuit. A burn injury victim should contact a skilled personal injury lawyer as soon as possible to protect one’s rights. The lawyers at Arnold & Smith, PLLC possess the experience and knowledge necessary to successfully fight for clients’ rights to compensation. Given the strict, unbending nature of the statute of limitations, it is wise to contact a lawyer as soon as possible after an injury. An injured person should contact our Charlotte personal injury law firm as soon as possible after an injury to schedule a free initial consultation.

In general, North Carolina imposes a three-year limitation on personal injury claims. Personal injury claims must be brought within three years of the date of an injury. In rare cases, an injury caused by a another person’s negligence may not manifest until a date later than the one on which the injury was inflicted, and in such cases, a lawsuit must be brought within three years from the date of the injury’s discovery.

Most burn injuries manifest immediately upon the infliction of an injury. Thus, if a person suffers a burn injury on April 1, 2020, the person must file a lawsuit by no later than April 1, 2023. However, because filing a lawsuit is complicated, and many steps must be taken to prepare to file a lawsuit, an injured person should consult with a personal injury attorney long before a statute of limitations period is due to expire.

Waiting until the last minute to file a personal injury lawsuit is not a good idea. In many cases, an injured party will need to obtain records, interview witnesses, prepare legal claims, and prepare responses to expected defenses, long before a statute of limitations period is due to expire.

An injured party must also prepare for all of the processes that will ensue after a lawsuit is filed, processes that can cause a case to drag on for years, depending on the complexity of a case. Some of the steps that the attorneys at Arnold & Smith, PLLC will take in assisting an injured person to prepare for a lawsuit include:

• Determining the amount of damages. Attorneys will collect information regarding an injured party’s medical treatment, medical expenses, information regarding loss of use or function, travel expenses, and any other expenses related to a burn injury;
• Determining the amount of lost wages one has suffered after sustaining a severe burn injury. Attorneys will consult with an injured person’s employer or accountant to properly document the amount of wages a person lost after suffering an injury;
• Conducting a thorough investigation into the circumstances of a person’s burn injury;
• Researching the relevant North Carolina case law relating to the claims in a case, to ensure an injured person recovers the most compensation possible under the law;
• Gathering evidence proving that an at-fault person’s or company’s negligence caused a person’s severe burn injuries.

Sadly, many persons injured by the negligent conduct of another party have lost the opportunity to pursue damages because they have failed to file a lawsuit within the applicable statute of limitations period. If you or someone you love has suffered an injury in a North Carolina burn accident, our personal injury attorneys can help. Contact us as soon as possible to schedule your free, initial consultation with one of our experienced personal injury attorneys.