Our Asheville Lawyers Advise You on the NC Statute of Limitations on Personal Injury Claims
File your personal injury lawsuit before the deadline imposed by North Carolina rules
North Carolina laws set deadlines for filing your personal injury lawsuit. If you fail to initiate your case by the expiration of the statute of limitations, you waive your right to pursue damages from the person or corporation that injured you.
To preserve your claim to compensation, confer with Hensley Cloninger, P.C. as soon as you can. Your prompt action not only protects your rights, but it gives our lawyers the opportunity to conduct a thorough investigation, an important component in your success. Our law firm explains how the North Carolina statutes affect your case and advises you on how to file a personal injury claim. We are backed by 29 years of effective representation of injury victims and the determination to always do what is in your best interests.
Deadlines for filing a personal injury lawsuit
The North Carolina General Statutes restrict the time period in which plaintiffs can file a claim to recover damages for personal injury. In most cases, you have three years to file your personal injury lawsuit.
If your claim involves products liability, you have six years from the date you purchased the defective product to initiate your action. You are permitted to bring a medical malpractice claim within two years from the date you discovered the mistake to a maximum of four years if you could not have immediately discovered your injuries. However, the deadline is altered to one year from the date of discovery and up to 10 years from the date the incident occurred for a lawsuit claiming an object was left inside of your body during surgery.
Tolling of North Carolina’s statutes of limitations
Tolling refers to the halting of the statute of limitations by a specific condition. The amount of time the statute is tolled in your case is not counted toward the filing period indicated by law. This means that your deadline for filing a claim may be later than you realized. The most common reason for tolling is that you were a minor at the time of your accident. In most personal injury cases, you are given to age 21 — three years after you reach adulthood — to initiate your lawsuit. For medical malpractice claims, you are only given until age 19.
Do not miss your opportunity to file your personal injury claim
Call Hensley Cloninger, P.C. at 828-348-0092 or contact us online as soon as possible to avoid missing the deadline imposed by the statute of limitations. Your initial consultation is free and your personal injury claim is handled on a contingency fee basis, so you have nothing to lose by contacting us. Our lawyers can schedule after-hours and weekend appointments to accommodate your schedule.