How Long Do I Have to File a Pedestrian Injury Lawsuit in North Carolina?

Pedestrian accidents can be some of the most severe and life-threatening types of traffic accidents. When motorists strike pedestrians, pedestrians are more likely to suffer catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, and internal injuries. If you have been injured in a pedestrian accident in North Carolina, you must understand how long you have to file a claim. If you do not file a claim for compensation before the statute of limitations expires, you will lose your right to pursue damages.

When a pedestrian becomes injured due to a negligent or reckless driver's actions, they have a right to pursue compensation through a personal injury lawsuit. Pedestrian injury cases are one of several different types of personal injury lawsuits. Every state has a statute of limitations for filing specific types of lawsuits. In most pedestrian accident cases in North Carolina, the statute of limitations is three years. In other words, pedestrian injury victims only have three years to file a claim for compensation from the date they became injured.

The thought of pursuing a claim for compensation after being seriously injured may seem overwhelming. It is understandable to want to put off pursuing legal action after you have been seriously injured because you are focusing on your immediate needs and your recovery. However, if you do not file a claim within three years of being hurt, you will lose your ability to pursue compensation. To keep all of your legal options open, discussing your case with an attorney is beneficial so you do not miss this important deadline.

Unfortunately, pedestrians do not always survive collisions, especially those involving large vehicles. You can pursue a wrongful death lawsuit if your loved one has passed away because of a negligent or reckless driver. While nothing can bring your loved one back, a successful wrongful death lawsuit can help you recover funeral expenses, medical expenses that you loved one incurred before their death, compensation for lost earning capacity, and pain and suffering. The statute of limitations in wrongful death cases is longer than in personal injury cases. You will have three years from the date of your loved one's death to file a wrongful death lawsuit. Remember, those wrongful death lawsuits can be complicated, so the sooner you begin the process, the better.

You may be wondering how much your case is worth and whether you should pursue a personal injury lawsuit. In most pedestrian accidents, pedestrians suffer injuries that require expensive medical treatment. Even if the pedestrian-only fractured one or two bones, the medical expenses could easily exceed $75,000, especially if surgery and a hospital stay were required. Discussing your pedestrian accident case with an attorney is almost always worthwhile. An attorney can help you understand how much your claim is worth. 

Typically, the more serious your injuries, the more your claim will be worth. A personal injury attorney can listen to the facts of your case and provide you with an estimated range regarding your case's value. After you hire an attorney, your attorney will do a more thorough investigation and work with financial experts to consider all the expenses you have incurred and will incur in the future. The value of your claim will also include non-economic damages, such as the pain and suffering you have endured as a result of your injuries. 

North Carolina Courts take the statute of limitations seriously. Courts typically refuse to make exceptions even if you have a valid reason for not filing your lawsuit within the required time frame. Additionally, attorneys need time to investigate pedestrian accident cases and gather evidence. If you wait too long to discuss your case with an attorney, attorneys may not take your case because they will need more time to prepare adequately. In pedestrian accident cases, the sooner you begin investigating, the more evidence you can gather, and the better witnesses remember what happened.

If you or your loved one has been involved in a pedestrian accident in North Carolina, you only have a limited amount of time to file a personal injury claim. Contact Arnold & Smith, PLLC, as soon as possible to schedule your free case evaluation.