In North Carolina, most slip-and-fall injury lawsuits must be filed within three years of the date your injury becomes apparent (often the date of the fall). If the slip-and-fall caused a death, the deadline is typically two years from the date of death. Different rules can apply if the claim is against a North Carolina state agency (which is usually filed with the Industrial Commission instead of a regular court), so it is smart to confirm the correct deadline early.
If you were hurt in a slip-and-fall in North Carolina, you may be asking: “How long can I wait before I must file a claim?” This question matters because the deadline usually runs whether or not you have finished treatment or have all your records. Here, the key fact is that you are considering talking with an attorney about a slip-and-fall incident, which often means you are still early enough to preserve evidence and confirm the correct filing deadline.
A slip-and-fall case is usually a negligence claim (often called a premises-liability case) against the person or company responsible for the property. In North Carolina, the main deadline is the statute of limitations: the time limit to file a lawsuit in the proper forum. For most personal injury cases, that limit is three years. If the case involves a North Carolina state department or agency, the claim is generally handled under the State Tort Claims Act and is filed with the North Carolina Industrial Commission, which has its own filing requirements and deadlines.
Apply the Rule to the Facts: Because the only fact provided is that you are considering speaking with an attorney about a slip-and-fall, the key takeaway is that you should confirm the date of the incident and identify who controlled the property. If this is a typical premises-liability injury claim against a private property owner or business, the usual deadline is three years. If the incident involved a North Carolina state agency or occurred on state-controlled property in a way that triggers the State Tort Claims Act, you may need to file with the Industrial Commission within the time set by statute.
In North Carolina, you usually have three years to file a slip-and-fall injury lawsuit, and a wrongful death claim is generally due within two years from the date of death. If a North Carolina state department or agency is involved, the claim is typically filed with the North Carolina Industrial Commission and must meet the statutory timing rules. The most important next step is to confirm the incident date and the correct defendant and then file in the proper forum before the applicable deadline.
If you're dealing with a North Carolina slip-and-fall injury and you are unsure about the filing deadline or the correct place to file, our firm has experienced attorneys who can help you understand your options and timelines. Call or text [CONTACT NUMBER] today.
Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.