How Long Do You Have to File a Lawsuit After a Car Accident in Charlotte, NC?

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How Long Do You Have to File a Lawsuit After a Car Accident in Charlotte, NC?

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After a car accident, your first focus should be on healing and putting the pieces of your life back together. But when it comes to recovering compensation for your injuries, damages, or loss, time is not on your side. North Carolina law sets strict deadlines for filing a lawsuit after a car crash—and missing those deadlines can cost you everything.

In this article, we’ll break down how long you have to file a lawsuit in Charlotte, North Carolina, including the statute of limitations for personal injury, property damage, and wrongful death claims. We’ll also cover important exceptions, how lawsuits differ from insurance claims, and why hiring a Charlotte car accident lawyer early is so important.


Understanding the Statute of Limitations in Charlotte, North Carolina

The statute of limitations is a legal deadline for filing a lawsuit. Once that deadline passes, you typically lose your right to seek compensation—no matter how strong your case is.

Here are the key deadlines you need to know for car accident-related lawsuits in North Carolina:

1. Personal Injury Claims: 3 Years

If you were injured in a car accident, you generally have three (3) years from the date of the accident to file a lawsuit against the at-fault party. This includes compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Future medical care

2. Property Damage Claims: 3 Years

Claims for damage to your vehicle or other personal property must also be filed within three (3) years of the date of the accident.

3. Wrongful Death Claims: 2 Years

If a loved one dies as a result of a car accident, the personal representative of the estate has two (2) years from the date of death to file a wrongful death lawsuit. This is a shorter timeline, so it’s crucial to act quickly.


Exceptions to the Statute of Limitations

The above deadlines will apply to most personal injury cases.  However, there are exceptions for minors or legally incompetent individuals.

1. Minors

A minor is anyone under 18 years old.  If a minor is injured in an accident, the statute of limitations is tolled until the minor turns 18.  This means that once they turn 18, they will have three years to file a personal injury case before the statute of limitations runs. 

This does not apply to wrongful death cases where the statute of limitations is two years from the date of death, even if they are a minor. 

2. Legally Incompetent Individuals

Someone is considered incompetent if they lack sufficient capacity to manage their own affairs or to make or communicate important decisions concerning their body, family and/or property.  To be considered legally incompetent, a court must determine whether the person lacks the sufficient capacity or ability to communicate described above. 

The statute of limitations is paused until the legally incompetent person is no longer incompetent.  At that time, the three-year period to file a lawsuit begins to run. 


Why You Shouldn’t Wait to File

Although the law gives you several years to file, waiting until the deadline approaches is risky. Here’s why:

  • Evidence can disappear: Skid marks fade, vehicles are repaired, and witnesses forget details.
  • Insurance claims take time: You’ll need time to negotiate with insurers—and that doesn’t stop the clock.
  • Legal prep is extensive: Building a strong case requires investigation, documentation, and strategy.

If you file even one day late, your case may be automatically dismissed—leaving you with no legal recourse.


Insurance Claims vs. Lawsuits: Know the Difference

It’s important to understand that filing an insurance claim is not the same as filing a lawsuit. Here’s how they differ:

  • Insurance claim: A request for payment from the at-fault party’s (or your own) insurer. This is usually your first step.
  • Lawsuit: A legal action filed in court if the insurance company denies your claim or offers an unfair settlement.

Even if you’re in the middle of negotiating with insurance, you must still file a lawsuit before the statute of limitations expires to preserve your rights.


Factors That Affect the Settlement Timeline

Not all car accident claims settle quickly. Several factors can extend the timeline, including:

  • Severity of injuries (especially if long-term care is needed)
  • Disputes over fault (North Carolina’s contributory negligence rule is strict)
  • Multiple parties involved
  • Uncooperative insurance companies
  • The need for expert testimony or accident reconstruction

These delays make it even more critical to start your claim and prepare for litigation early.


The Danger of Accepting a Quick Settlement

Insurers are often quick to offer a lowball settlement—especially before you’ve had time to assess the full extent of your injuries. Accepting it too soon can be a costly mistake.

  • Once you sign a release, you can’t reopen your claim, even if new injuries arise.
  • You may settle for far less than your claim is worth—especially without a lawyer to guide you.

Why You Need a Charlotte Car Accident Lawyer

Navigating the aftermath of a car accident is tough—especially with North Carolina’s harsh contributory negligence rules, strict deadlines, and complex insurance issues.

An experienced Charlotte personal injury attorney can:

  • Investigate your case and preserve key evidence
  • Determine all applicable deadlines
  • Handle negotiations with the insurance companies
  • File a lawsuit if necessary—before time runs out
  • Fight for the full compensation you deserve

Don’t Wait—Protect Your Rights Today

Time is not your friend after a car accident in Charlotte, North Carolina. Whether you’re dealing with painful injuries, vehicle damage, or the devastating loss of a loved one, acting quickly is essential.

Let a knowledgeable personal injury lawyer help you take the right steps, avoid costly mistakes, and secure the compensation you’re entitled to.


Contact Us for a Free Consultation

If you’ve been involved in a car accident in Charlotte, North Carolina, don’t wait until the clock is about to run out. Contact the experienced car accident attorneys at the Law Offices of Jason E. Taylor, P.C. today for a free consultation. We’ll review your case, explain your rights, and guide you through the process—so you can focus on healing while we fight for the justice you deserve.

301 S McDowell St #1016
Charlotte, NC 28204

Phone: (704) 676-1093
Toll Free: (800) 351-3008

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The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

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What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

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STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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