The North Carolina Statute of Limitations for Personal Injury, Explained

Every state, and every kind of civil legal case, has a statute of limitations. This is the time limit you have for filing a lawsuit.

For example, say you were injured in a car crash that someone else caused. At first, you may try to negotiate a settlement directly with the insurance company, out of court. However, if the insurer won’t agree to provide the compensation you need, you may file a personal injury lawsuit. This makes your personal injury claim a court matter, which could potentially result in a trial.

That lawsuit must be filed before the statute of limitations has expired. If you wait too long, the insurance company will request that the court automatically dismiss your case. They also won’t be interested in negotiating or paying your claim outside of court either, since you no longer have any legal recourse against them.

The statute of limitations varies by state and case type, but usually it’s somewhere between one and six years. As noted above, North Carolina’s statute of limitations for personal injury claims is three years.

When Does the Clock Start Running?

The countdown to three years begins when the bodily harm is (or should be) apparent to the injured person.

In most cases, that means the same day as your injury. If you’ve been in a car crash, slip and fall, or other incident, there’s usually no mystery about when and why you’ve been injured.

However, in some cases the injured individual has no way to know that they’ve been harmed until a long time after the initial incident or exposure. For example, you might have developed an illness due to taking unsafe medications or exposure to toxins you didn’t know were present. In these cases, the rule of discovery might apply—more details about that can be found below.

Exceptions to North Carolina’s Personal Injury Statute of Limitations

Certain situations can delay the start of the three-year countdown, or even pause the clock temporarily. In North Carolina, those situations include:

• The injured person is a minor child. In this case, the three-year clock does not begin counting down until the child reaches age 18. (In other words, they can file a lawsuit anytime up to their 21st birthday.) However, the parent’s claim for medical bills related to the minor’s treatment is still subject to the three-year statute of limitations. 
• The injured person is considered incompetent under North Carolina law. This means they are unable to manage their own affairs or make important decisions. This could be for any number of reasons, including as mental illness, intellectual disability, disease, injury, or similar causes or conditions. The clock will start counting down only when they are considered sane or competent.
• The person who allegedly caused the injury resides outside of North Carolina—or is continuously absent from the state for one year or more—after the incident and before a lawsuit is filed. In this case, the period of the alleged defendant’s absence might not be counted toward the statute of limitations. However, it’s not wise to rely on getting this exception.

Working with a personal injury attorney will ensure you know exactly where your case falls on this timeline.

Rule of Discovery

As noted above, the discovery rule is another potential exception to the typical statute of limitations.

It’s possible for a claimant to not know about their injury, or the source of it, until after the three-year time limit has passed. If so, they may still be able to file a claim under the rule of discovery.

The rule of discovery isn’t likely to apply after a car crash, dog bite, or other obvious accident. Situations where it’s more likely to be used are:

• Medical malpractice
• Dangerous or defective products
• Exposure to toxic chemicals

If you think the rule of discovery applies to your case, speak to a personal injury attorney right away. They’ll know how to present your injuries or illness in a way that gives you the best chance for full compensation.

There are a few important things to note about the rule of discovery that you should be aware of, however:

• An exception will not be granted if the court believes a reasonable person in your situation would have discovered the other party’s negligent actions more than three years ago. In other words, you can’t simply claim ignorance and extend the timeline indefinitely.
• There is an absolute maximum length of time that you can file a lawsuit after an injury incident, regardless of when it was discovered. This is called the statute of repose, and in North Carolina it is 10 years for personal injury claims.