What is the deadline to file a personal injury lawsuit after an accident?
Detailed Answer
Short answer: In most North Carolina personal injury cases you have three (3) years from the date of the accident to file a lawsuit in civil court. That deadline is set by N.C. Gen. Stat. § 1-52.
How the three-year clock works
Day the injury occurs = Day 1. The statute normally starts the moment the crash, slip-and-fall, dog bite, or other incident happens.
Calendar, do not estimate. Count three calendar years forward. If the deadline lands on a weekend or court holiday, North Carolina gives you until the next business day.
Why missing the deadline matters
File after the statute of limitations expires and the defendant will almost certainly ask the judge to dismiss your case. When that happens the court must dismiss, no matter how strong the facts are.
Important exceptions
Wrongful death: Two-year filing window under § 1-53(4).
Claims against a city, county, or the State: Still three years, but you must follow the North Carolina Tort Claims Act’s notice rules (§ 143-291 et seq.). Delays in notice can bar recovery.
Minors or legally incapacitated adults: The clock is paused until the disability ends, but never more than three years after a minor turns 18. See § 1-17.
Discovery-rule cases: Medical malpractice and some product-liability claims may have a later “discovery” start date, but additional repose deadlines apply. Most accident claims use the regular three-year rule.
Hypothetical example
Imagine you were rear-ended on February 1, 2023, in Durham. You tried to settle but talks stalled. You must file the summons and complaint with the clerk of court no later than February 1, 2026. Filing on February 2, 2026, would be too late unless that date is a Sunday or legal holiday.
Practical tips
Start insurance claims immediately. The legal deadline only covers lawsuits, not the separate policy deadlines for notifying insurers.
Gather evidence early. Waiting to the last minute risks losing witnesses, photographs, and medical records.
File before negotiations stall. Insurance adjusters often become more reasonable when you have an active lawsuit on file.
Helpful Hints
Mark the three-year date on your calendar the day the accident happens.
Ask any medical providers to document every injury and bill.
If you believe a government entity may be at fault, send written notice right away.
Keep copies of all correspondence with insurance companies.
Consult a North Carolina personal injury attorney long before the deadline; case review is usually free.
Need Guidance? Call Today
The statute of limitations can make or break your recovery. Our firm’s attorneys have years of experience guiding North Carolinians through every phase of an injury claim—from early negotiations to courtroom advocacy. Do not risk losing your rights by waiting. Call 919-313-2737 now for a no-obligation consultation.
