Raleigh Personal Injury Lawyer Explains NC Statute of Limitations
A Raleigh personal injury lawyer can help you put together a strong personal injury case before the clock runs out on the statute of limitations, which is the time North Carolina has given people to file their claims.
Statute of Limitations in North Carolina
In order to receive financial compensation for medical expenses incurred or losses related to your physical or emotional suffering, you have a certain timeframe in which to pursue a personal injury claim. The timeframe you have depends on the personal injury you have suffered, and where you live in the United States.
Here are some general guidelines for the time limitations in the state of North Carolina:
- medical malpractice – three years from the date of injury or illness;
- product liability – six years from date it was purchased;
- personal injury – three years from the date of injury; and
- wrongful death – two years from the date of death.
These times are subject to change, and they do often. It’s important to consult with a Raleigh personal injury lawyer immediately upon discovery of your injury to discuss the current time constraints associated with your injuries in North Carolina.
One of the more complicated areas of the law when it comes to the statute of limitations is medical malpractice. Many injuries do not present themselves until a long time after the accident occurred. This could result in the loss opportunity to file a personal injury claim, which can turn out to be devastating.
Fortunately, there are other rules that may be able to help you. One of these rules is the discovery rule or date of discovery. Although you may have incurred injuries on November 1, 2006, your injury or illness may not have been discovered until December 2011.
Since you have technically passed the time in which you can file a claim, it may be assumed you have no legal recourse. However, the discovery rule allows for a two-year time limit.
Therefore, if you didn’t actually discover your injury until December 2011, you would then have until December 2013 to file a claim. However, each case is unique, so you need to consult with an attorney to learn how it may affect your situation.
In addition, there may be a one-year date of discovery for specific medical malpractice. For example, if an object is left inside you, generally you are given a one-year time limit. However, that could be stretched to as much as a decade.
Again, this is dependent on your specific circumstances. In any event, no matter what type of personal injury claim you are filing, you will want to act upon it quickly.
How to File a Personal Injury Claim Quickly
As soon as you discover you have personal injuries because of an accident or medical malpractice, you should start the claims process. This means gathering evidence to pin who was at fault and any documentation that shows you have suffered a financial, emotional or physical loss because of the injuries you suffered from the accident. A personal injury lawyer is usually the best person to turn to when you want to develop a case that presents your side of the case accurately.
Contact a Raleigh Personal Injury Lawyer
It is always in your best interest to consult with a personal injury lawyer when seriously injured. Not only can they explain how much time you have to file your claim, but they can also guide you throughout the entire process.
At Brent Adams & Associates, we can help with a variety of cases including medical malpractice, animal attacks, car accidents and defective drugs. Don’t hesitate to seek legal counsel from a personal injury lawyer when you are facing significant medical expenses and other losses.
We have offices in Dunn, Fayetteville and Raleigh, and we serve residents throughout North Carolina. Call our law firm today for a free consultation at 800-849-5931