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How long can I wait to file a personal injury claim?

Riddle Brantley LLP   |  January 19, 2015   |  

North Carolina, along with everyone other state, has enacted statutory restrictions on the time allowed to bring a civil action forward. In North Carolina, state laws mandate that a personal injury claim be brought forward within three years of discovering the injury or when the injury should have been discovered. If the incident resulted in death, then you only have two years from the date of death to bring a wrongful death claim. There are exceptions which may extend the statute of limitations such as infirmity and age; our personal injury attorneys can help advise you on these issues.

The statute of limitations varies depending on the type of action. The statute of limitations does not mean that your case must be resolved within the respective timeframe, however, it does mean that a lawsuit must be filed prior to the expiration of the timeframe. Your case can be dismissed if a lawsuit is not filed within this timeframe.

It is wise to consult with an attorney if you are concerned about the statute of limitations in your case. A complete list of the North Carolina General Statutes governing the statute of limitations can be found here. http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0001