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How Long Do I Have to File a Claim?

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If you have been injured due to someone else’s negligence, you may be entitled to financial compensation. However, you only have a limited amount of time to file a personal injury claim in North Carolina. This is called the statute of limitations, and it is important to understand how it works to protect your legal rights.

What is a Statute of Limitations?

A statute of limitations is a law that sets a deadline for filing a claim. In North Carolina, the statute of limitations for personal injury cases is three years from the date of the accident. This means you have three years to file a claim in court, or you risk losing your right to seek compensation.

Why is it important to file your claim sooner rather than later?

Filing your claim as soon as possible has several advantages:

  • First, it ensures that you meet the deadline set by the statute of limitations.
  • Second, it allows you to gather evidence while it is still fresh. Witnesses may forget important details or move away, and physical evidence can disappear or be disposed of.
  • Finally, it can speed up the compensation process, allowing you to receive the money you deserve sooner.

What happens if you miss the statute of limitations deadline?

If you miss the three-year deadline for filing a personal injury claim in North Carolina, you will no longer be able to pursue legal action. This means you cannot recover damages for your injuries, medical expenses, lost wages, or future losses.

Exceptions to the North Carolina Statute of Limitations

There are some exceptions to the statute of limitations for personal injury cases in North Carolina:

  • If the injured person is under the age of 18, the three-year period does not begin until they turn 18.
  • If the injury was not immediately apparent, such as in cases of medical malpractice, the statute of limitations may be extended.

Take Control of Your Case

It is important to file your claim as soon as possible to ensure that you comply with the deadline and to increase your chances of success in your claim. If you miss the deadline, you risk losing your right to compensation. As with any legal matter, it is always best to seek advice from a qualified personal injury attorney who can guide you through the process and help you achieve a successful outcome.

At Lanier Law Group, P.A., one of our North Carolina personal injury attorneys can assist you with virtually any type of claim you may be dealing with, from a minor car accident to a complex medical malpractice claim and everything in between.

Contact our team today at (855) 757-4204 or online for a free consultation to learn how we can help with your case.

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