It’s a matter of time: Understanding NC statute of limitations
Earlier this week I had a personal injury consultation OR case evaluation with an individual who suffered minor injuries in an auto accident. The facts of the accident were simple: an accident occured, this individual was not at fault, and he/she was also injured. Within a few minutes, another fact relevant to any claims this individual had against the at fault party surfaced – - – TIME. Not only was the individual the victim in an accident, he/she was also a victim of North Carolina’s statute of limitations.
The clock starts ticking the moment an accident takes place or an injury is discovered. This is referred to as the statute of limitations. A statute of limitations establishes a maximum time frame in which legal claims based on an accident or injury can be initiated. This time limit varies from state to state. In North Carolina, accident and injury victims need to be aware of the following:
Personal Injury & Negligence
- in general 3 years from act or discovery – NC GS Sect. 1-52
Medical Malpractice
- 3 years with discovery rule
Product Liability
Wrongful Death
I used the word “discovery” a few times. In certain circumstances the injured party may not discover the injury within the time limitation. The discovery rule is allowed in certain instances. Certain well-known medical malpractice cases in which the physician neglected to remove an internal bandage or left a surgical tool inside the victim fit this “discovery” rule. If it can be determined that the injured party could not have reasonably known about the harm before discovery, the statute of limitations may be extended.
The circumstances and facts matter. When it comes to personal injury claims, it truly is “a matter of time”.
Tags: auto accident, injury, north carolina personal injury, statute of limitations, wrongful death
This entry was posted
on Friday, July 23rd, 2010 at 11:40 pm and is filed under Malpractice & Negligence, Personal Injury, Vehicle Accidents, Wrongful Death.
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