How Long do I Have to File an Uninsured Motorist Personal Injury Lawsuit?

If you have suffered an injury resulting from a car accident caused by an uninsured driver, you may be concerned about seeking compensation. When the at-fault driver has insurance coverage or personal assets that could cover your expenses, filing a personal injury lawsuit could be beneficial. Every state places limits on how long plaintiffs have to file their lawsuit. North Carolina requires plaintiffs to file their lawsuit within three years of the date of the car accident that caused their injuries.

Recovering from a car accident can be stressful and overwhelming. At Arnold & Smith, PLLC our skilled car accident attorneys have helped many clients recover compensation for their injuries. We help clients recover from the loss of employment, bodily injuries, and property damage to their vehicles as well as any other applicable expenses that may have accrued. If the driver who caused your car accident was uninsured, you may feel like you have nowhere to turn to seek compensation, this is rarely the case, though taking legal action in a timely manner is required. The personal injury attorneys at Arnold & Smith, PLLC can advocate effectively on your behalf. Contact our Charlotte law firm today to schedule your free initial consultation.

North Carolina Personal Injury Statute of Limitation

In some cases, filing a personal injury lawsuit may be more beneficial than seeking compensation through an insurance policy. North Carolina law requires that plaintiffs file a lawsuit within three years of the car accident. Courts will bar plaintiffs who do not file their lawsuit within the statute of limitations from bringing their lawsuit in the future.

Contacting a skilled attorney after your lawsuit is essential. Car accident lawsuits can quickly become complex and time-consuming. At Arnold & Smith, PLLC our attorneys thoroughly investigate all of our client's cases. We interview witnesses, find any evidence proving the fault of the other driver, and make sure our clients receive thorough medical evaluations. It takes time to conduct a thorough investigation into the facts surrounding the case and determine the best legal strategy.

Elements in a Successful Personal Injury Lawsuit

The driver who is legally at-fault for the accident is liable for damages caused by the accident. When the at-fault driver does not have car insurance, the injured party can file a claim known as an uninsured or underinsured motorist claim with his or her own insurance company. Unfortunately, the insurance payout may not cover their bodily injury and property damage costs. A plaintiff might choose to file a civil lawsuit to hold the at-fault driver accountable.

Successful personal injury plaintiffs must prove several elements as required by North Carolina tort law. First, the plaintiff must prove that the defendant owed him or her a duty of reasonable care. This element is usually easy to prove as all drivers owe other drivers a duty to use reasonable care when driving.

Next, the plaintiff must prove that the negligent driver breached his or her duty of care through negligent or reckless conduct, such as:

  • Distracted driving
  • Driving while intoxicated
  • Failing to follow traffic lights and signs

The plaintiff must prove that the defendant’s negligent or reckless driving caused the accident that resulted in his or her injuries. Witness testimony, police reports, cellphone records, video footage of the crash, and the position of the vehicles can help demonstrate that the driver’s negligence caused the car accident. Finally, the plaintiff must prove that he or she suffered injuries. At Arnold & Smith, PLLC we make sure that our clients receive thorough medical evaluations in order to determine the full extent of their injuries. At trial, we fight hard to prove the defendant’s liability. Whether we settle out of court or litigate the case at trial, we never stop fighting for our client’s best interests.

We Help Our Clients Fight for Their Right to Compensation

If you have suffered an injury caused by another person’s negligence, you have a right to compensation. At-fault drivers have a responsibility to pay for bodily injuries and property damage their negligence causes. Our experienced personal injury attorneys have helped many clients recover the compensation they deserve.

We understand that many drivers feel hopeless and overwhelmed after they suffer injuries at the hands of an uninsured motorist. If an uninsured driver caused your injuries, all is not lost. After reviewing your case, our attorneys can help you determine the best path forward based on your interests. Contact our Charlotte personal injury law firm today to schedule your free initial consultation.

Client Reviews
Arnold & Smith was great. They are always on time for your case, they really know what they are talking about. They are very good about giving you updates on your case. I highly recommend everyone to use Arnold & Smith as your attorney they will make sure you get the best result possible for your case. By far the best attorney in the area. Austin
Resonable expectations were set and the results far exceeded them. I was well informed, prepared and supported by Matt and his team. They provided comfort and confidence, as well as a great outcome. I can't possibly describe how grateful I truly am for what they have done for me. Matt was recommended to be by another trusted individual and I believe that was a blessing. Anthony
I can't say enough great things about Matthew Arnold and his team. I had a very complicated, high-conflict case which took a lot of time and effort on everyone's part, and I feel like my case was given the time and attention it required. Matt Arnold is a great attorney, and I would go as far as saying one of the best in Charlotte, if not the best. Bree is also amazing. Amber