Two men conferring next to two smashed cars.

Time Limits for Filing Personal Injury Claims After a Car Accident: Understanding Statutes of Limitations

By Jeremy Bradford
Founding Partner

If you’ve recently sustained injuries in a North Carolina car accident, you’re likely more worried about getting treatment than about a personal injury case. That’s understandable, but don’t forget about your legal rights as you work through your recovery. North Carolina’s statute of limitations for personal injury claims specifies how long you have to file a lawsuit against the other driver or another liable party. If you wait too long to start your case, you could lose your right to pursue compensation, making it harder to recover from your injuries.

The Charlotte, NC, car accident lawyer at Bradford Law believes knowledge is power, and we want you to have all the information you need to protect and enforce your legal rights after a crash. 

What Is a Statute of Limitations?

In North Carolina personal injury cases, a statute of limitations is the law that sets a time limit for how long someone has to file a lawsuit after sustaining an injury in an accident. If you don’t file a lawsuit within the timeframe the law specifies, you could lose your chance to seek compensation for your injuries, regardless of its merits.

After missing the deadline to file a lawsuit, insurance companies typically close the file without offering any payment. This happens because, without the ability to file an enforceable lawsuit to compel payment, you lose leverage over the liable parties and their insurers, making it nearly impossible to recover fair compensation. For this reason, it’s best to contact an attorney and start your personal injury claim as soon as possible after a collision.

The Statute of Limitations for North Carolina Car Accident Claims

North Carolina law allows three years from the date of a car accident for an injured person to file a personal injury lawsuit. While there are some exceptions to this rule, three years is the standard deadline. Critical evidence can disappear or deteriorate within days or weeks of a crash, so we advise you to speak to a lawyer about your case immediately after the accident.

The Purpose of Statutes of Limitations for Personal Injury Lawsuits

Statutes of limitations for personal injury lawsuits exist to ensure crash victims file cases within a reasonable time. Statutes of limitations help keep the courts’ dockets from becoming clogged with old cases. 

Additionally, having a hard deadline to file a lawsuit helps keep the legal process fair by preventing people from bringing claims long after evidence has been lost or people’s memories have faded. It also gives both sides a clear timeline, encouraging them to resolve cases while details are still fresh. In car accident cases, for example, it’s important to act quickly to gather witness statements, police reports, and medical records.

Exceptions to North Carolina’s Car Accident Statute of Limitations

There are rare circumstances that may increase—or, in some cases, decrease—how much time you have to file a personal injury lawsuit after a North Carolina car accident. These exceptions include:

  • Injuries to minors – Minors who sustain injuries in car accidents have three years from their 18th birthday to file a personal injury lawsuit.
  • The discovery rule – If your injuries from a car accident were not immediately obvious, you might have additional time to file a lawsuit. Generally, you have 3 years from the date of discovering the injury, or should have reasonably discovered it, to take legal action. However, the discovery rule  typically requires that a lawsuit be filed within 10 years of the crash, regardless of when the injury was discovered.
  • Cases where the defendant leaves the state – If the person who caused the crash flees the state, the three-year countdown pauses until they return. This rule prevents defendants from evading responsibility for their actions by avoiding legal proceedings.

Contact a North Carolina Car Accident Attorney Now

Waiting to start a personal injury claim makes it much harder to recover fair compensation and could mean you lose your rights to file a lawsuit. Our Charlotte car accident lawyers are ready to start working on your case at your convenience. Call Bradford Law now or reach out online for a free consultation.

About the Author
I am Jeremy Bradford, the founding and managing attorney of Bradford Law. From my offices in Charlotte, NC, I travel all across North Carolina helping injured people fight against insurance companies, in what could be life-altering circumstances. I have made a point to develop strong relationships with my clients. I take the trust my clients put in me personally and put myself into every case. If my client calls, my client will always be able to speak directly with me. You will get to know me as we work our way through the personal injury process. So when we make recommendations on whether to settle or go to trial, you will know your best interests are always at heart.