Short Answer

In North Carolina, you can refile a case once within one year after a voluntary dismissal without prejudice if the original case was timely and properly started. A dismissal labeled “without prejudice” by itself does not pause the statute of limitations. If many years have passed, your claim is likely time‑barred unless a narrow tolling rule applies (for example, legal disability such as minority or incompetency). Act quickly to evaluate whether any savings or tolling rule still applies.

Understanding the Problem

You want to know whether you can restart a North Carolina personal injury case after it was dismissed without prejudice, even though the fall happened many years ago and your first case ended before reaching the merits. The key decision point is whether North Carolina’s rules allow refiling now, given the statute of limitations and how the first case was dismissed.

Apply the Law

North Carolina generally gives three years to file most negligence-based personal injury claims. If you take a voluntary dismissal without prejudice, you get one chance to refile the same claim within one year—provided the original case was filed on time and properly commenced. Commencement requires filing and prompt issuance of a summons, followed by timely service; gaps can undo tolling. Dismissals without prejudice that are not voluntary usually do not create the one‑year refiling window. Limited tolling applies for minors and persons who are legally incompetent.

Key Requirements

• Timely original filing: The first lawsuit must have been filed within North Carolina’s three-year limit for most personal injury claims.
• Proper commencement and service: After filing, a summons should be issued promptly and the defendant served within required timeframes, maintaining any extensions correctly.
• Type of dismissal: The one-year “saving” to refile applies to a voluntary dismissal; other dismissals “without prejudice” generally do not extend deadlines.
• One-year refiling window: If the dismissal was voluntary, you must refile the new action within one year of that dismissal.
• Tolling for disability: If you were a minor or legally incompetent when the claim accrued, tolling may delay when the statute starts; once the disability ends, the clock runs.
• Two-dismissal rule: A second voluntary dismissal of the same claim can operate as a final bar.

What the Statutes Say

• North Carolina R. Civ. P. 41 (Dismissal and one-year recommencement) - Permits one voluntary dismissal and refiling within one year.
• North Carolina R. Civ. P. 3 (Commencement of action) - Filing plus prompt issuance of summons starts the case.
• G.S. 1-52 (Three-year limitations period) - Sets the general three-year limit for most personal injury claims.
• G.S. 1-17 (Tolling for minors and incompetents) - Delays accrual or extends time while legal disability exists.

Analysis

Apply the Rule to the Facts: Your prior case ended “without prejudice,” but the key is whether it was a voluntary dismissal. If it was voluntary, you had one year from that dismissal to refile; waiting many years likely closed that window. If the earlier case was not properly commenced (for example, a summons was not promptly issued and served), it may not have paused the statute at all. Unless a tolling rule applies (such as minority or legal incompetency when the injury occurred), reviving the claim now is unlikely.

Process & Timing

1. Who files: The injured person (plaintiff). Where: File a new civil action with the Clerk of Superior Court in the county where the defendant resides or where the injury occurred. What: Complaint and Civil Summons (AOC-CV-100). When: If relying on a voluntary dismissal, file within one year of that dismissal; otherwise, file within the applicable three-year statute of limitations.
2. Have the clerk issue the summons promptly after filing, and serve the defendant within the service period. If service cannot be completed in time, obtain proper extensions to keep the case alive; missing these steps can forfeit tolling.
3. After service, the case proceeds in the trial division (District or Superior, depending on the amount claimed). The next expected filings are the defendant’s answer and scheduling orders.

Exceptions & Pitfalls

• Not all “without prejudice” dismissals trigger the one-year refiling right; the savings rule primarily applies to voluntary dismissals.
• If the original case lacked prompt summons issuance or timely service, the action may not have tolled the statute, making a later filing time‑barred.
• A second voluntary dismissal of the same claim can bar refiling.
• Adding a new defendant later usually does not “relate back” to the old case for limitations purposes; plan party names carefully at filing.
• Tolling for minors or legal incompetency is narrow and fact-specific; once the disability ends, the clock runs.

Talk to a Personal Injury Attorney

If you're dealing with a personal injury case that was dismissed without prejudice and you need to assess whether you can refile, 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.