North Carolina Personal Injury Statute of Limitations

What is the Statute of Limitations for Personal Injury Claims in NC?

The statute of limitations refers to the time frame within which a plaintiff must file a lawsuit. In the context of personal injury claims in North Carolina, this legal timeframe stands as a critical determinant of whether a case will be heard. This statute is essentially a deadline, and failure to adhere to it can result in the loss of the right to have the case heard in court.

The statute of limitations for personal injury claims in North Carolina is three years from the date of injury. This means that any personal injury lawsuit must be filed within three years of the incident in question, or else it will not be heard.

You Deserve an Experienced Personal Injury Lawyer

The Law Offices of Jason E. Taylor are here to fight for you. If you have been injured in an accident and are looking to pursue a legal case, do not hesitate to get in touch with us. We can help you navigate the complexities of filing a personal injury claim within the allotted three-year time frame.

What Does the Statute of Limitations Mean for My Personal Injury Case?

The statute of limitations sets a strict deadline for filing a personal injury claim in North Carolina. This means if you’ve been injured due to someone else’s negligence, you have a three-year window from the date of the injury to initiate a lawsuit. If you fail to file your personal injury claim within this time frame, North Carolina courts will likely refuse to hear your case, which means you forfeit your right to seek compensation for any damages suffered. It’s crucial to understand this timeframe and act within it to ensure your right to legal remedy is upheld.

What is the Official Starting Date for the North Carolina Statute of Limitations?

North Carolina law states that the “clock” for the statute of limitations for personal injury claims begins on the day the injury occurs. This is known as the “date of discovery” principle, and it implies that the three-year time frame commences from the date when the injury is first identified or reasonably could have been discovered by the injured person. For instance, if an accident occurred on January 1, 2022, the victim has until January 1, 2025, to file a lawsuit.

Are There Exceptions?

While most personal injury cases have a limit of 3 years, there are exceptions to this rule in cases where the injury is not immediately apparent. This is often the case with injuries that result from exposure to harmful substances or medical malpractice, where the harmful effects may not manifest themselves until much later. In such circumstances, the clock starts ticking from the date the injury is discovered or should have been discovered with reasonable diligence. 

Always remember, it’s in your best interest to start the legal process as soon as possible after an injury. This allows ample time for evidence collection, case preparation, and legal negotiations, dramatically improving the odds of a successful outcome.

Why Should You File a Claim Right Away?

While three years may seem like a substantial amount of time, it’s important to empathize with the fact that dealing with injuries, recovery, and the aftermath of an accident can make this time frame pass surprisingly quickly. It’s easy to lose track of time when you’re focused on healing and getting your life back on track. However, it’s crucial to remember that the clock on your personal injury claim starts ticking the day the injury occurs. 

Filing your claim right away has several advantages:

  • Preservation of Evidence: Acting promptly allows essential evidence to be gathered and preserved, which can significantly strengthen your case.
  • Witness Recall: Witnesses’ memories tend to be fresher closer to the event. Filing sooner ensures their testimonies are more accurate and credible.
  • Negotiation Time: An early filing provides adequate time for your lawyer to negotiate a fair settlement before contemplating a trial.
  • Peace of Mind: Initiating the legal process early can give you peace of mind and allow you to focus on recovery. 

These benefits underscore the importance of consulting with an experienced personal injury attorney as soon as possible after an injury to protect your rights and enhance your chances of a favorable outcome.

How Can Our Personal Injury Lawyers Help?

At the Law Offices of Jason E. Taylor, our personal injury lawyers can provide invaluable assistance in your personal injury claim by:

  • Evaluating Your Case: We’ll conduct a comprehensive analysis of your situation to establish the strength of your claim and to identify the viable options for legal recourse.
  • Gathering and Preserving Evidence: Our team will collect all necessary evidence, including medical reports, accident scene photos, witness testimonies, and more, to build a robust case.
  • Managing Communications: We will handle all communications with the insurance companies and other parties involved, ensuring you don’t inadvertently harm your case.
  • Negotiating a Fair Settlement: Leveraging our legal expertise, we’ll negotiate aggressively with the insurance companies to secure a settlement that adequately compensates for your damages.
  • Taking Your Case to Trial: If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court, advocating for your best interests every step of the way.
  • Guiding You Throughout the Process: We’ll be by your side, providing guidance, answering your questions, and keeping you informed about the progress of your case. Our aim is to make the process as stress-free as possible for you.

With extensive experience in personal injury lawsuits, our legal team has the expertise to get you the compensation you deserve. Contact us today, and let us handle your case with care and dedication. 

What Are The Statute of Limitations for Other Incidents?

Medical Malpractice

In North Carolina, the statute of limitations for medical malpractice is generally three years from the date of the incident or one year from the date the injury was discovered, up to a maximum of four years.

Workers’ Compensation

For workers’ compensation claims, injured workers generally have two years from the date of the accident to file a claim, but it’s best to report the injury to your employer as soon as possible.

Wrongful Death

For wrongful death claims, the estate has two years from the date of death to file a lawsuit. The clock starts on the day of the decedent’s death. If you need assistance filing a wrongful death claim, contact our team today. We are here to help in every way we can with your wrongful death situation.

Contact The Law Offices of Jason E. Taylor For a Free Consultation Today

It’s important to make sure you are taking all the necessary steps to protect your rights. If you or a loved one has suffered an injury in North Carolina, contact us today for a free consultation and learn more about how we can help. Our personal injury lawyers have extensive experience handling personal injury cases across multiple areas of practice and will be happy to answer any questions you may have. Let us handle the legal aspects while you focus on recovery. 

Reach out now for a free case review, and let’s discuss how we can maximize your chances of success. Our passionate attorneys at The Law Offices of Jason E. Taylor are ready to fight for your rights and help you receive the justice that you deserve. 

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Notice of Data Security Event
Updated March 28, 2025

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.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

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”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

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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