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When Do I File a Personal Injury Lawsuit?

Some people think that it’s important to get a lawsuit filed right away after a personal injury is incurred after a car accident or truck accident in North Carolina. Not so fast! Filing a lawsuit right away is almost never a good idea.

Wait Until You Know the Extent of Your Damages

The primary reason why you shouldn’t file a personal injury lawsuit right away is because your injuries may evolve over time or may worsen. You want to either get to a point where you have stopped treating for your injuries, or have a clear picture of what future medical procedures you will need down the road. You want to be able to be fully compensated for you injuries, rather than settling for an amount now and then realizing later than it’s not enough to address all of your needs – or getting awarded an amount by a jury that doesn’t fully satisfy your damages.

Statute of Limitations for Personal Injury Cases in North Carolina

North Carolina law requires certain legal claims to be filed as a lawsuit within a certain period of time following a car accident or truck accident. This is called the “Statute of Limitations” and it generally begins to run immediately following the accident. For personal injury cases, the statutes of limitations are as follows:

  • Personal injury:                                       3 years from the date of injury;
  • Wrongful death:                                       2 years from the date of death;
  • Personal injury of a minor child:                3 years from the date of the minor’s 18th birthday.

If your claim isn’t filed as a lawsuit within the above-listed timeframes, you will be forever barred from bringing your claim.

Wait to File, Don’t Wait to Consult a Personal Injury Lawyer

It’s important to consult with an experienced personal injury lawyer prior to moving forward with your personal injury claim following a car accident or truck accident. Don’t wait to contact us to discuss your options and create a plan to best protect your rights.