What is my statute of limitations (SOL) and what does that mean

What is my statute of limitations (SOL) and what does that mean

A statute of limitations (“SOL”) is “a law that sets the maximum time the parties involved have to initiate legal proceedings from the date of an alleged offense.”  The length of a SOL depends upon the type of case you have and jurisdiction of the case, among other factors.  A SOL is a serious deadline by which one must act to protect their rights or those rights are forever lost.

The statute of limitations for a North Carolina Personal Injury Claim is generally three (3) years. The three-year SOL is applicable for a car wreck case, trucking accidents, motorcycle accidents, slip and falls, and several other common accidents.  However, if an injured person passes away as a result of one of these accidents, the SOL for death claims often called “wrongful death”, is only two years.  As stated above, a SOL for a possible case may vary based on factors such as the type of injury, consequences of the injury, and jurisdiction, so it is always best to contact an attorney as the facts of each situation are unique.

With a Workers' Compensation Claim, it is not as cut and dry as it is with Personal Injury.   In a Workers’ Compensation Claim, you must provide notice of your accident to your employer immediately, or as soon as practicable after the incident.  Further, an injured worker is to provide written notice of the accident to the employer within 30 days of the accident or the case may be denied. There are situations where an injured worker may show “reasonable excuse” why they were unable to provide the required notice and no prejudice must result to the employer by the delay. Call us at Shankle Law Firm for a free consultation and let's determine the next step in your course of action.

Remember, SOLs vary and are not a “one size fits all” situations. Every case will have nuances that may affect the applicable SOL. One thing is for sure, delaying is never helpful for a case of any type.  We urge you to contact us right away after any type of injury where someone else is negligent, or if it occurred at work, so we may quickly address your concerns and assist if you have a valid case.

Referenced Links: https://www.investopedia.com/terms/s/statute-of-limitations.asp; http://www.ic.nc.gov/ncic/pages/statute/97-58.htm; https://www.alllaw.com/articles/nolo/personal-injury/laws-north-carolina.html#:~:text=In%20North%20Carolina%2C%20the%20statute,section%201%2D52).