Short Answer

In North Carolina, most personal injury lawsuits based on negligence must be filed within three years of when the injury becomes apparent (or reasonably should have become apparent). In many accident cases, that effectively means three years from the accident date. Some claims have different deadlines (for example, wrongful death and certain claims involving the State), so it is important to identify the correct claim type early.

Understanding the Problem

If you were hurt in an accident in North Carolina and the accident happened on [DATE], you may be asking: “How long do I have to file a personal injury claim before I lose the right to do it?” This question matters because the deadline is usually tied to when you file a lawsuit in court, not when you start an insurance claim. If you miss the deadline, the court can dismiss the case even if the injury is real.

Apply the Law

North Carolina uses statutes of limitation—laws that set the time limit to start a lawsuit. For most personal injury cases (like car wrecks, slip-and-falls, and other negligence claims), the general deadline is three years. North Carolina also has rules about when a claim “accrues” (starts the clock). For many personal injury cases, the clock starts when the bodily harm becomes apparent or should reasonably have become apparent. Different rules can apply to specific claim types, such as wrongful death, medical malpractice, product-related claims with an outside cutoff, or claims against the State that must be filed in a different forum.

Key Requirements

• Identify the claim type: The deadline depends on what kind of case you have (general negligence injury, wrongful death, medical malpractice, product-related injury, or a claim against the State).
• Know when the clock starts (accrual): In many injury cases, the time runs from when the injury becomes apparent (or reasonably should have become apparent), which is often the accident date.
• File in the right forum: Most personal injury lawsuits are filed in North Carolina state court, but some claims (such as certain claims against the State) are filed with the North Carolina Industrial Commission.
• File the lawsuit on time (not just an insurance claim): Negotiating with an insurance adjuster does not automatically extend the court deadline.
• Watch for shorter or stricter rules: Wrongful death and medical malpractice can have different timing rules, including outside cutoffs that can apply even if the harm is discovered later.
• Don’t wait for “full recovery” to start the case: The deadline can run even while treatment continues.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years; injuries to the person) - Sets a three-year limitation period for many personal injury claims and includes an accrual rule for when bodily harm becomes apparent or should reasonably become apparent.
• N.C. Gen. Stat. § 1-53 (Two years; wrongful death) - Provides a two-year limitation period for wrongful death actions and states the claim accrues on the date of death.
• N.C. Gen. Stat. § 1-15 (Accrual rules; malpractice timing limits) - Contains special accrual and outside-limit rules that often come up in professional malpractice cases, including medical malpractice.
• N.C. Gen. Stat. § 143-299 (Claims against the State; Industrial Commission deadlines) - Sets filing deadlines for certain claims against North Carolina State agencies in the Industrial Commission (three years for injury; two years for wrongful death).

Analysis

Apply the Rule to the Facts: Because the accident occurred on [DATE], the key first step is identifying what type of personal injury claim you have. If it is a typical negligence injury claim (for example, a vehicle collision or premises injury), the usual deadline is three years, and the clock often starts on the accident date because the injury is apparent then. If the situation involves a death, medical malpractice, a product-related injury with an outside cutoff, or a claim against the State, a different rule may control and can shorten or otherwise change the filing timeline.

Process & Timing

1. Who files: The injured person (plaintiff), or a personal representative in a wrongful death case. Where: Typically the North Carolina state trial court (Superior Court or District Court, depending on the case) in the appropriate county; certain claims against the State are filed with the North Carolina Industrial Commission. What: A civil Complaint (and related filings) to start the lawsuit. When: For many injury cases, file within three years of accrual; for wrongful death, within two years of death.
2. Early case steps: Gather medical records and bills, identify all potentially responsible parties, and confirm the correct deadline based on the claim type. Settlement talks may happen during this period, but you should still track the court deadline.
3. Litigation steps: After filing, the case proceeds through service of process, written discovery, depositions, and (if not resolved) motions and trial scheduling. Timing can vary by county and by the court’s calendar.

Exceptions & Pitfalls

• Wrongful death is different: If the accident results in death, the deadline is generally two years from the date of death, and the claim must be brought by the proper estate representative.
• Medical malpractice has special timing rules: These cases can involve different accrual rules and an outside cutoff that may apply even if the injury is discovered later, so you should not assume the standard three-year rule fits.
• Claims involving the State can require a different forum: Some claims against North Carolina State agencies must be filed with the Industrial Commission and have their own deadlines.
• Waiting on insurance can cost you your case: An insurance claim or ongoing negotiations do not automatically extend the statute of limitations for filing in court.
• Unclear injury onset: When symptoms show up later, the fight may become “when did the injury become apparent or reasonably should have become apparent,” which can be fact-specific.

Conclusion

In North Carolina, most personal injury lawsuits must be filed within three years of when the injury becomes apparent (which is often the accident date). Some situations use different deadlines, including two years for wrongful death and special timing rules for medical malpractice or certain claims against the State. A practical next step is to confirm the correct claim type and calculate the filing deadline from [DATE] so you can file the complaint in the proper forum before time runs out.

Talk to a Personal Injury Attorney

If you're dealing with an injury after an accident and you’re unsure how much time you have to file, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

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.