How Long Do I Have to File a Personal Injury Claim in North Carolina?
A serious injury can sideline you from work and keep you from doing the things you love. When you suffer a serious injury, you may be in severe pain, and you may need to go through months of hospitalization and rehabilitation. When you suffer a serious injury, the negligent party should pay for your damages. As the injured party, you may need to file a personal injury claim to seek the damages you are owed by the person who caused the injury.
Personal Injury Claims
There are four elements that make up a personal injury claim. The party must have had a duty of care, you must have suffered damages as a result, the damages must be physical, emotional, or financial, and the party’s negligence caused your damages. There are many types of accidents that could result in a personal injury claim. Car accidents are likely the most common reason for a personal injury lawsuit. The most important factor in any injury claim is negligence. You must be able to prove that the party was negligent and that you were not negligent.
Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can I wait a few months to pursue a personal injury claim?”
Statute of Limitations for Personal Injury Claims
The statute of limitations is the length of time that someone can legally file a claim. This means that you must bring a lawsuit within the allotted time period, or you will lose your ability to file a claim. The statute of limitations depends on the type of personal injury claim you file. Generally, personal injury claims in North Carolina must be filed no later than three years after the injury. The statute of limitations on a workers’ compensation claim is two years. The statute of limitations on a wrongful death case is two years. In product liability cases, you must file no later than three years after the injury occurred or a maximum of 12 years from the purchase of the product.
Why Does the Law Limit When You Can File a Claim?
In order to win a personal injury claim, you will need to prove your case. Some things that can help prove your case include the police report, witness statements, medical records, doctor testimony, and more. These items can be more difficult to obtain as time goes by. Both parties need to have access to the documents. Witnesses can move away, and the memory of the incident fades over time. Therefore, there is a limit to when parties can file claims. It is certainly advantageous to file a lawsuit as soon as possible after you suffer an injury.
Talk to an Attorney as Soon as Possible
It is in your best interest to speak to a personal injury attorney as soon as possible after you suffer an injury. Your attorney will immediately begin to gather important information and documentation that could be lost if you wait too long. Your lawyer will request reports and data and speak to witnesses in the case. Your lawyer will talk to you about the case and ensure that you maintain the records necessary for your claim. If you or a loved one suffered an injury due to someone’s negligence, don’t delay. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
If you or a loved one was hurt in an accident, do not delay. Contact our offices at Arnold & Smith, PLLC, today at (704) 370-2828 for a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
personal injury | Wex | US Law | LII / Legal Information Institute (cornell.edu)
Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)
Patient with sling and cup of pills Free Stock Photo | FreeImages
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