Understanding the Problem

If you were a pedestrian in North Carolina and you were hurt in an accident last year, you are likely asking how long you have to file a lawsuit before the court will dismiss it as “too late.” This question matters because the deadline is tied to when your injury was (or should have been) apparent, and missing it can permanently bar your claim even if the accident was not your fault.

Apply the Law

North Carolina sets time limits—called statutes of limitations—for filing civil lawsuits. For most negligence-based personal injury cases (like a pedestrian struck in a roadway), the limitations period is three years. North Carolina also has a specific two-year limitations period for wrongful death claims, which generally runs from the date of death.

In a typical personal injury case, the lawsuit is filed in the North Carolina Superior Court or District Court in the appropriate county (often where the crash happened or where the defendant lives). The key is that you must file the complaint by the deadline; insurance negotiations do not automatically extend it.

Key Requirements

• Correct deadline for the type of claim: Most injury claims are three years; wrongful death is usually two years.
• Accrual (when the clock starts): For personal injury, the clock generally starts when the bodily harm becomes apparent or reasonably should have become apparent.
• Proper forum: You must file a civil lawsuit in the proper North Carolina trial court (and in the proper county).
• Right defendant: The deadline and procedure can change if the defendant is the State (handled through the Industrial Commission) rather than a private person or company.
• Do not rely on insurance talks: Settlement discussions usually do not stop the limitations clock unless there is a clear, enforceable agreement that affects timing.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Provides a three-year limitations period for many civil actions, including most negligence-based personal injury claims, and includes North Carolina’s general “apparent or reasonably should have become apparent” accrual rule for bodily harm/property damage.
• N.C. Gen. Stat. § 1-53 (Two years) - Includes a two-year limitations period for wrongful death claims, with accrual generally tied to the date of death.
• N.C. Gen. Stat. § 143-299 (Claims against the State) - Sets a three-year deadline to file certain claims against State agencies with the North Carolina Industrial Commission (and two years for wrongful death in that setting).

Analysis

Apply the Rule to the Facts: Because your accident happened last year and you describe yourself as a pedestrian, the most common deadline is three years to file a personal injury lawsuit, measured from when your injury became apparent (which is often the crash date). If someone died from the accident, the deadline for a wrongful death lawsuit is usually two years from the date of death. If a State agency or State employee (acting within the scope of their job) caused the crash, different filing rules may apply and the claim may need to be filed with the Industrial Commission rather than in county court.

Process & Timing

1. Who files: The injured person (plaintiff). Where: The appropriate North Carolina trial court (often in the county where the crash happened or where the defendant resides). What: A civil Complaint (and related filings) starting the lawsuit. When: Typically within three years of when the injury became apparent or reasonably should have become apparent.
2. Investigation and pre-suit work: Gather crash reports, witness information, photos/video, and medical records. This step often takes time, and delays can make it harder to locate witnesses or preserve evidence.
3. Filing before the deadline: If settlement does not happen in time, you generally protect your rights by filing suit before the statute of limitations expires, then continuing the case through service, discovery, and (if needed) trial.

Exceptions & Pitfalls

• Wrongful death vs. injury: If the injured person dies, the claim may shift into a wrongful death case with a two-year deadline, and the proper party to file is typically the estate’s personal representative.
• Claims against the State: If a State agency or State employee is involved, you may have to file in a different forum (Industrial Commission) and still meet strict timing rules.
• Unclear start date: North Carolina’s “apparent or should have been apparent” rule can create disputes when symptoms show up later. Waiting can invite arguments that the clock started earlier than you think.
• Insurance negotiations don’t stop the clock: People often assume an open claim with an insurer “pauses” the deadline. Usually it does not.
• Last-minute filing risks: Rushing near the deadline increases the chance of naming the wrong defendant, missing key facts, or filing in the wrong county/court.

Conclusion

For most North Carolina personal injury cases arising from an accident last year, you generally have three years to file a lawsuit, measured from when your injury became apparent or reasonably should have become apparent. If the case involves a death, the deadline is usually two years from the date of death. The safest next step is to confirm the correct deadline and defendant and file a complaint in the proper North Carolina trial court before the three-year deadline expires.

Talk to a Personal Injury Attorney

If you're dealing with a pedestrian accident claim from last year and you are unsure when your filing deadline runs out, a personal injury attorney can help you identify the correct statute of limitations, the right place to file, and the steps needed to protect your claim before time runs out. Reach out 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.