Accidents happen, sometimes because of carelessness or negligence. When someone is injured because of the actions or inactions of another person, they could file a personal injury claim. However, personal injury cases are subject to a statute of limitations. If you’ve been injured, you may be asking, “What is the statute of limitations for a personal injury case in North Carolina?” The Law Offices of Huffman & Kendrick, PLLC, can manage all case deadlines for you, including the statute of limitations.
What Is a Statute of Limitations?
For many criminal and most civil matters, there is a prescribed timespan during which a claimant or victim must take action against the responsible party. If the crime has not been brought to the authorities or no claim has been filed at the end of the allotted time, the matter is no longer legally actionable.
Statutes of limitations vary by state and the matter in question. Some criminal offenses, like murder or, in some states, offenses of a sexual nature against a minor, do not have a statute of limitations and can always be prosecuted.
The purpose of the statute of limitations is to prevent people from filing frivolous or petty claims. Additionally, since evidence is a factor in most criminal and civil cases, the statute of limitations makes sure no claims are filed without supporting evidence (because of elapsed time). There are several potential drawbacks of statutes of limitations, but the most significant one is that, sometimes, people who should be held responsible for their actions escape justice.
What Constitutes a Personal Injury Case in North Carolina?
In North Carolina, if you have been injured because of someone else’s negligence, whether willful or not, you may have a legitimate personal injury case. There are myriad situations included under North Carolina personal injury laws, but here are a few of the most common cases:
- Car accidents. If you are injured in a car accident caused by someone else, you may have a personal injury claim. This kind of claim is incredibly common, which is unsurprising given the number of car accidents that happen each year. In North Carolina, there were over 284,000 crashes reported in 2024.
- Slip-and-fall. Slip-and-fall personal injury claims are also very common. People slip on ice, spilled liquid, or an unmarked wet floor and sustain injuries. Many of these accidents would not have happened if property owners exercised due care, so many of the victims have legitimate personal injury cases.
- Trip-and-fall. A trip-and-fall case is usually situationally similar to a slip-and-fall case. Someone trips over an object or uneven floor while walking, and the property owner or business can be found liable for the injury.
What Compensation Can You Get for a Personal Injury Claim?
If you file a personal injury claim, you can be compensated for the financial losses you’ve suffered as a result of being hurt. These include medical bills, both immediate and ongoing, as well as lost wages. You can also be compensated for non-monetary losses, such as pain and suffering. Settlements should allow you to restore your life to the way it was before the incident, to the fullest extent possible.
Statute of Limitations in North Carolina
Each state has the power to set its own statutes of limitations for both criminal and civil matters. In North Carolina, the personal injury statute of limitations is defined in Section 1-52 of the North Carolina General Statutes. According to this law, the statute of limitations is three years for personal injury claims. The timeframe starts from the date of the injury or when it becomes apparent.
It is important to make this distinction because some injuries are not immediately obvious after the actions that cause them. Take, for example, asbestos exposure. For many years, workers were exposed to large amounts of asbestos daily, and society was generally unaware of the dangers associated with the substance. Many of those workers later developed lung cancer. In cases like these, the statute of limitations would be three years from when the injury was discovered.
FAQs
Q: Does My Claim Have to Be Settled Within the Statute of Limitations?
A: No, the statute of limitations only applies to filing the initial claim. Many personal injury cases take a very long time to settle. The time to settlement depends on a wide variety of factors, but cases are not generally resolved until after the victim’s medical care is complete or they reach a point of maximum recovery. Therefore, cases can stretch on for years in situations with serious injuries.
Q: What If I Don’t Notice the Injury Until After the Time Limit?
A: If a victim does not notice their injury until after the time specified in the statute of limitations, the case may not be actionable. Whether the claim can be filed depends on whether the injury should have been apparent to the victim, had they been paying attention. This is a situation in which you should consult a personal injury attorney. They can determine whether your case is likely to hold up.
Q: How Is Pain and Suffering Calculated in Personal Injury Cases?
A: Pain and suffering is usually calculated using the per diem method or the multiplier method. The per diem method uses the typical daily wage of the victim to calculate pain and suffering. The multiplier method takes the total financial losses the victim has suffered and multiplies them by a number chosen based on the accident’s overall effect on the victim’s life.
Q: Is the Statute of Limitations Three Years for All Civil Matters in North Carolina?
A: No, the statute of limitations is not three years for all civil matters in North Carolina. There are several differing statutes of limitations for civil complaints. For example, according to North Carolina General Statutes Section 1-54, the statute of limitations for libel or slander is one year. Your attorney can determine what the statute of limitations is for your specific case.
Hire a Personal Injury Lawyer When You Need to File a Claim
If you find yourself injured because of someone else’s actions, the first thing you should do is hire a personal injury lawyer to navigate the next steps. Contact the Law Offices of Huffman & Kendrick, PLLC, today to discuss your case.
