Understanding the Statute of Limitations in North Carolina
When you’ve been injured—whether in a car accident, workplace injury, or slip-and-fall—you may be entitled to compensation. However, waiting too long to take action could mean losing your legal rights.
How Long Do You Have to File a Claim?
Every state has a statute of limitations (SOL), a legal deadline for filing claims. In North Carolina, these deadlines vary depending on the type of case and the circumstances of your injury. Missing this deadline can prevent you from recovering medical expenses, lost wages, and other damages.
What Is a Statute of Limitations?
A statute of limitations is a legal time limit on how long you have to file a lawsuit after an accident or injury. If you miss this deadline, you may lose the right to seek compensation—even if your claim is valid.
- Different types of cases have different statutes of limitations, so it’s important to understand how they apply to your situation.
Statute of Limitations for Personal Injury Cases in North Carolina
If you’ve been injured due to someone else’s negligence, such as in a car crash, trucking accident, motorcycle accident, or slip-and-fall, you typically have:
- Three (3) years from the date of the accident to file a personal injury claim.
Wrongful Death Claims Have a Shorter Deadline
If a loved one passes away due to injuries caused by an accident, the statute of limitations for filing a wrongful death claim is only two (2) years from the date of death.
Every case is unique, and certain factors can affect your filing deadline. Consulting with an experienced personal injury attorney as soon as possible ensures your rights are protected.
Statute of Limitations for Workers' Compensation Claims
Workers’ compensation claims operate differently than personal injury cases. If you were injured on the job, it’s critical to follow North Carolina’s strict reporting deadlines:
- Notify Your Employer Immediately: Report the injury as soon as possible.
- Provide Written Notice: North Carolina law requires you to submit written notice of your injury within 30 days of the accident.
- File a Workers’ Compensation Claim: You have two (2) years from the date of injury to file a formal workers’ compensation claim.
If you fail to report the injury or miss deadlines, your claim could be denied. However, in some cases, exceptions apply. If you were unable to notify your employer due to a serious medical condition or other extenuating circumstances, you may still be eligible for benefits.
Navigating the workers’ compensation process can be challenging, especially when dealing with an employer’s insurance company. Consulting with a certified workers’ comp attorney can help you understand your rights and avoid mistakes that could cost you your benefits.
Why Acting Quickly Matters
Regardless of whether you have a personal injury or workers’ compensation case, delays can hurt your chances of success. Evidence can disappear, witnesses’ memories fade, and missing deadlines can result in a lost claim.
If you’ve suffered an injury, the best step you can take is to speak with a qualified attorney as soon as possible to ensure your claim is properly filed and protected.
Key Takeaways
- Personal Injury Claims: 3 years to file, 2 years for wrongful death cases.
- Workers’ Compensation Claims: Must be reported within 30 days, and filed within 2 years.
- Missing the deadline could mean losing your right to compensation.
- Consult an attorney early to protect your claim.
Know Your Rights—Get the Legal Guidance You Deserve
Remember, SOLs vary and are not a “one size fits all” component in legal matters. Every case will have nuances that can greatly affect the applicable SOL. But in every case, one thing is for sure, delaying is never helpful.
Whether you're dealing with a personal injury claim or navigating the workers' compensation process, taking timely action can make all the difference in securing the benefits you need.
At Shankle Law Firm, we’re here to answer your questions, guide you through your legal options, and make sure you don’t miss critical deadlines. If you're unsure about your case, we’re happy to provide a free consultation to discuss your situation and what steps you should take next.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.