Raleigh Statute of Limitations:
Experienced Lawyers Who Fight For You After an Accident
In North Carolina, the statute of limitations establishes the time period within which an individual must file a lawsuit after being harmed in a car accident. Missing this deadline can result in losing the right to seek compensation. The time limits vary depending on the type of claim—personal injury or wrongful death—and whether the victim is a minor.
General Statute of Limitations for Car Accidents
If you’ve been injured in a car accident, North Carolina law gives you three years from the date of the accident to file a personal injury lawsuit. During this time, you can seek compensation for your medical bills, lost wages, pain and suffering, and other damages.
Statute of Limitations for Minors
When a minor is involved, the clock works differently. The statute of limitations for personal injury claims involving a minor is three years from the date a guardian ad litem is appointed. A guardian ad litem is a legal representative who steps in to protect the child’s interests in court.
If no guardian ad litem is appointed, the minor has until three years after their 18th birthday to file a lawsuit, meaning they can file a claim until they turn 21. However, a parent or guardian can—and should—act sooner to recover compensation for the child’s medical expenses and other damages.
Wrongful Death Statute of Limitations
If a loved one has tragically lost their life in a car accident, the statute of limitations for filing a wrongful death claim is two years from the date of death. It’s crucial that the estate’s representative or surviving family members take swift action to secure compensation for funeral costs, lost financial support, and more.
Why Time Matters – How Much Time Does A Lawyer Need Before the Statute of Limitations?
Missing the statute of limitations deadline could mean walking away with nothing, no matter how strong your case is. Filing in time allows you to preserve key evidence and ensure your legal rights are protected. You can’t wait until the last minute to contact a lawyer about your car accident claim. Most reputable law firms require at least six months to a year before the statute of limitations expires to ensure that everything is handled properly. Once the statute runs, any mistakes are permanent and cannot be fixed.
For example, what if the names on the police report are incorrect? Or what if the reason the other driver rear-ended you is because they just had their brakes serviced, and the brake shop did a poor job, causing the brakes to fail? If your lawsuit is filed just before the statute of limitations expires, it may be too late to add the brake shop to the lawsuit, giving the other driver a possible defense. A good lawyer won’t take that kind of malpractice risk.
Acting early gives your attorney the time they need to thoroughly investigate your case and hold all responsible parties accountable.
Contact RHD Legal Today
Navigating the statute of limitations and other legal complexities is stressful, especially when you’re recovering from an accident or grieving the loss of a loved one. That’s where we come in. RHD Legal is here to help you understand your rights, meet all deadlines, and build the strongest case possible.
If you’ve been involved in a car accident or lost a loved one, don’t wait until it’s too late. Contact RHD Legal today by filling out our online contact form or by calling us directly at 919-246-4001. We’ll guide you every step of the way.
