In North Carolina the statute of limitations defines how long an injured victim has to file their claim. According to G.S. § 1-52 (16), that period of time is generally three years from the earlier of when the bodily harm or physical property damage became apparent or should have been apparent. Understanding how this statute of limitations operates in practice can help victims take action to protect their legal rights.
In practice, defendants cite the statute of limitations to bar injured victims from bringing their claims to court. The statute may be the first hurdle that the victim’s claim may need to clear before reaching a trial. If the claim is being brought after the statutory period of three years is exceeded, the claim might be automatically dismissed, denying the victim any compensation.
However, North Carolina’s statute of limitations makes it harder for defendants to gain an “automatic” dismissal because the NC injury claim deadline is based on when the bodily harm became apparent or should have become apparent.
In many states, the period to file a claim begins when the accident itself occurs. It’s not inconceivable that someone can get into an accident, feel fine, and only years later realize that they had sustained injuries that require treatment. Or perhaps the injuries were of such a nature that they worsened over time until they became debilitating. In states that start the period from the time of the accident, these claims might be barred by their statute of limitations.
In North Carolina, those same injuries could be argued to have only recently become apparent, meaning bringing the claims within the valid statutory period. This gives injured victims more of an opportunity to be heard by the court and present evidence showing that they only recently became aware of their bodily harm. The defendant may still attempt to argue that the victim should have realized their injuries sooner, but this depends on the specific facts of the case.
There are some limited exceptions to the NC injury claim deadline, depending on what caused the injuries or who the victim is. These exceptions start the clock at a different point in time than it otherwise would, known as “tolling.” One notable exception is for “disability.”
According to G.S. § 1-17(a), the period for the applicable statute of limitations begins to run when the victim’s disability is removed. Rather than giving an injured victim three years from when the bodily harm became apparent, they have three years from when their disability ended. What counts as a disability is limited, however. Children under 18 and those with mental health conditions are the only groups that meet the criteria.
If a child was injured at 14 and knew they were injured at that time, they would have three years from their 18th birthday to file their claim. Without this exception, their claim would be barred before they even reached the age of 18, as 3 years would have already passed from when their injuries were apparent. >
At first glance, the concept of a statute of limitations may seem unfair, as it gives negligent actors a “free pass” as long as the claim is brought after the three year period. However, the purpose of the law is to encourage injured victims to bring their claims sooner rather than later. Why? Because necessary evidence can fade.
Personal injury claims rely on evidence and without it, claims can fail or become protracted affairs as attorneys on both sides hunt for it. The statute of limitations encourages victims to pursue their claims with urgency to give everyone, especially the injured victims, the best chance of securing the required evidence.
In a personal injury claim, eyewitness testimony of the accident may be relied on to provide an accurate picture of what happened, how, and who is responsible. However, eyewitness testimony is only as reliable as the eyewitness’ memory. Studies show that if eyewitnesses provide initial statements within 24 hours, they have better recall a month later. As time passes and those memories fade, the testimony loses its power.
Other sources of evidence can also be lost as time passes. Security camera footage can be automatically deleted or intentionally destroyed in the days, weeks, and months after an accident. Harmful conditions may be repaired without any documentation showing that they existed in the first place, preventing an injured victim from having the evidence they need to show their injuries were the result of another person’s negligence.
While the personal injury statute of limitations NC imposes on injured victims may seem harsh, its purpose is clear. Waiting too long to file a claim can endanger a claim if it exceeds the >North Carolina legal time limits to file.
Even when those deadlines haven’t been reached, a long delay can result in precious evidence being lost to time. Don’t wait to file your claim. Contact The Downer Law Firm today for a free consultation regarding your case. We fight to find every scrap of evidence for our clients and get them the compensation they deserve.
