Raleigh Personal Injury Attorneys 

According to North Carolina General Statutes § 1-52, claims involving “injury to the person” must be brought forward within three years of the incident. Thus, if you are injured to another party’s negligence or recklessness, you have three years to file the initial document in court.  

When filing a personal injury lawsuit in North Carolina, the 3-year statute of limitations can make all the difference. If you fail to bring your case within this timeframe, it could be denied outright by the court— no matter how severe and clear cut your injuries are or how liable their responsible party is. This limit on legal action also plays an important role during pre-litigation negotiations: if its expiration has passed, there's little incentive for opposing parties to come forward with desirable settlements as they’ll know that going through litigation is off the table.

However, it is important to note that exceptions can be made to extend the three-year filing deadline. Circumstances that would allow for an extension include: 

• Legal disability. In some instances, individuals who experience an accident resulting in injuries may have additional time to file a personal injury lawsuit due to legal disability. North Carolina General Statutes § 1-17 dictates that for those under 18 years old or considered insane/incompetent by law at the time of the incident, there is an extended period within which their case can be filed until such disabilities are removed or when the individual reaches adulthood.
• Absent defendant. When the defendant allegedly responsible for a plaintiff's injuries is no longer present in North Carolina, either through departure or continuous absence of one year or more, the three-year statute of limitations may not apply.