How Much Time do You Have to File a Personal Injury Lawsuit in North Carolina?

If you have suffered an injury in a Charlotte personal injury accident, your head may be spinning trying to keep up with the phone calls, paperwork and appointments that come with it. If you have suffered an injury resulting from your accident, you are probably focusing on your physical recovery. Between medical appointments, speaking with insurance agents, and figuring out how to pay your bills, you may not have considered hiring an attorney yet. Nonetheless, time is not always on the injured person’s side. In North Carolina, plaintiffs only have three years to file a lawsuit from the date that the accident occurred, and typically the earlier an attorney gets involved the better it is for your case.

At Arnold & Smith, PLLC we have successfully advocated for many Charlotte area personal injury clients. We assertively represent the best interests of our clients. If you are considering filing a personal injury lawsuit, time is of the essence. Contact our law firm today to schedule your free initial consultation.

The North Carolina General Statutes state the time limits for filing different types of personal injury claims. A statute of limitations is a statutory law that prescribes a time limit for bringing certain types of lawsuits. The statute of limitations time frame varies depending on the cause of action, or legal reason from filing the lawsuit.

Plaintiffs who are suing under medical malpractice or personal injury cause of action must file their lawsuit within three years of the accident that caused the injury. All of the following personal injury lawsuits have a three-year statute of limitation in North Carolina:

• Car accident lawsuits
• Motorcycle lawsuits
• Bus and public transportation lawsuits
• Slip and fall accidents
• Medical malpractice
• Dog bite injuries
• Battery, assault, and other intentional torts
• False imprisonment
• Legal malpractice
• Product liability
• Property damage
• Trespass

It is important to note that wrongful death lawsuits have a shorter statute of limitations than other personal injury actions. North Carolina wrongful death lawsuits arise when one person’s “wrongful act, neglect, or default” causes the death of another person. North Carolina courts will begin the statute of limitation period when death occurs. Thus, the decedent’s relatives may bring a wrongful death lawsuit within two years of the date their loved one passed away.

Car accident cases can require significant investigative work. At Arnold & Smith, PLLC we thoroughly investigate the facts involved in all of our clients’ cases. It is important to interview all potential witnesses, drivers, and passengers in the motor vehicle accident. Determining the exact impact of our client's injuries can also take time and involve thorough medical examinations and, often, the opinions of specialists.

Determining which persons or businesses to sue can also take a notable amount of time. For example, discovering enough evidence to prove that an employer negligently hired the employee who caused your injuries can be challenging. Potential plaintiffs must also gather evidence to determine whether the employee acted within the scope of his or her employment during the accident. Relevant information is not always easily found in a police report but takes significant investigative digging.

If you have suffered an injury caused by medical malpractice, it is even more vital that you contact an attorney as quickly as possible. Medical malpractice cases are often extremely complex. Successful plaintiffs will need to dig through copious medical records, speak to experts, and interview all of the medical staff who were involved in the case.

The evidence-gathering process can be intense. If you are considering filing a North Carolina medical malpractice lawsuit, there is no time like the present to get started. Hiring a skilled personal injury attorney will also take some of the burden off of yourself. When you work with Arnold & Smith, PLLC you know that you are receiving skilled and assertive legal representation.

As you can see, you should find skilled legal representation as soon as possible after your accident. Our experienced motor vehicle injury attorneys have helped many clients receive favorable insurance settlements and damage awards at trial. Have you suffered an injury as a result of someone else’s negligent driving? Make sure you have enough time to seek the compensation you deserve. Contact our law firm to set up your appointment today.