Short Answer

In North Carolina, you can usually refile a personal injury lawsuit that was dismissed without prejudice if you file within the one-year “savings” period after the dismissal or within the three-year statute of limitations for injury claims, whichever is later. If the prior dismissal was with prejudice or an involuntary dismissal that operates as a judgment on the merits, you generally cannot refile. You must also comply with service and other filing rules when you refile.

Understanding the Problem

You want to know if you can file a new North Carolina personal injury lawsuit after your first case was dismissed without prejudice. The core decision point is whether North Carolina’s one-year refiling rule gives you more time than the normal statute of limitations. Because personal injury cases have firm deadlines, the timing of your first dismissal and any refiling is critical.

Apply the Law

North Carolina gives most personal injury claims a three-year statute of limitations. If your earlier North Carolina case was dismissed without prejudice under the Rules of Civil Procedure, you may refile within one year of that dismissal even if the original three years has run (you get the later of the two time limits). Dismissals with prejudice—or certain involuntary dismissals—usually bar refiling. When you refile, you must serve the defendant properly under Rule 4, and ordinary civil cases give defendants 30 days to answer after service.

Key Requirements

• Timely prior filing: Your first North Carolina case was filed before the statute of limitations expired.
• Type of dismissal: The first case ended without prejudice (typically a voluntary dismissal); a dismissal with prejudice usually bars refiling.
• Refiling deadline: Refile within one year of the dismissal or within three years of the injury—whichever is later.
• Service of process: After refiling, have the clerk issue a civil summons and serve the defendant under Rule 4; keep service deadlines and renewals on track.
• Two‑dismissal rule: A second voluntary dismissal of the same claim operates as a judgment on the merits and bars another refiling.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury claims) - sets the general three-year period.
• North Carolina R. Civ. P. 41 (Dismissal; one-year refiling and two-dismissal rule) - allows refiling within one year after a dismissal without prejudice.
• North Carolina R. Civ. P. 4 (Service of process) - governs issuance of summons, service, and renewal.
• North Carolina Gen. Stat. § 1-17 (Tolling for minors and certain disabilities) - can delay the start of the limitation period in limited circumstances.

Analysis

Apply the Rule to the Facts: Because your first North Carolina case was dismissed without prejudice, you could refile within one year of that dismissal or within three years of the fall, whichever was later. If “many years” have passed since the dismissal, the one-year refiling window likely closed unless a tolling rule applied. If the earlier dismissal was anything other than without prejudice (for example, a merits-based dismissal), refiling would generally not be allowed.

Process & Timing

1. Who files: The injured person. Where: Clerk of Superior Court, Civil Division, in the North Carolina county where the fall occurred or where the defendant resides. What: File a complaint and have the clerk issue a civil summons; pay the filing fee. When: File by the later of the three-year statute of limitations or one year after the dismissal without prejudice.
2. After filing, promptly serve the summons and complaint under Rule 4. If service is not completed within the initial window, use timely endorsements or alias/pluries summons to keep service alive. Defendants typically have 30 days after service to answer.
3. Once served, the case proceeds through pleadings, discovery, motions, and, if not resolved, trial. Local scheduling practices can vary by county.

Exceptions & Pitfalls

• If the first case ended with prejudice, or by an involuntary dismissal that operates as a judgment on the merits, you generally cannot refile.
• The two-dismissal rule: a second voluntary dismissal of the same claim bars another refiling.
• Service traps: Missing Rule 4 service deadlines or failing to maintain a continuous chain of endorsements/alias-pluries summons can jeopardize the case.
• Tolling is narrow: Tolling for minors or certain disabilities may apply, but do not assume it—review dates carefully.
• Repairs made after your fall do not extend your filing deadlines.

Talk to a Personal Injury Attorney

If you're dealing with a dismissed case and tight refiling deadlines, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.