Short Answer

In North Carolina, a personal injury case starts by filing a civil complaint and issuing a civil summons, then serving each defendant under Rule 4. You generally have three years from the date of injury to file. Identify all potentially responsible parties (such as the tow company, its operator, and sometimes the property owner), preserve evidence, and document your medical bills and lost wages. North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault, so proceed carefully.

Understanding the Problem

You’re asking whether, in North Carolina, you can file a personal injury claim and what steps to take after a tow truck operator directed you to walk in bad conditions and you slipped. The injured person (plaintiff) seeks compensation for injuries from those responsible. The key decision is how to begin and pursue a negligence claim in the county’s trial court and when to do it.

Apply the Law

In North Carolina, negligence claims require proof that the defendant owed you a duty of care, breached that duty, and caused your injury and damages. Tow operators and companies must act reasonably under the circumstances, including when directing people around hazards. North Carolina follows pure contributory negligence—if you were even slightly at fault, recovery may be barred unless a narrow exception applies. Personal injury suits are civil actions filed with the Clerk of Superior Court for the county; the case is heard in District Court or Superior Court based on the amount in controversy. The general deadline to file a personal injury lawsuit is three years from the injury.

Key Requirements

• Duty: The tow operator/company must use reasonable care when directing you around hazards.
• Breach: Directing you to walk in unsafe conditions or failing to warn of obvious hazards can be a breach.
• Causation: The unsafe direction must be a cause of your fall and injuries.
• Damages: Medical treatment, surgery, lost wages, and pain are typical damages to document.
• No contributory negligence bar: Your own conduct must not contribute to the injury, or recovery may be barred.
• Proper parties and forum: Name the tow company, operator, and any premises owner in the correct court division.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation for personal injury) - Most negligence suits must be filed within three years of injury.
• North Carolina R. Civ. P. Rule 3 (Commencement of action) - A civil action begins by filing a complaint; a summons can issue if you need brief time to file the complaint.
• North Carolina R. Civ. P. Rule 4 (Service of process) - Serve each defendant properly (e.g., sheriff or certified mail) and within required time limits.
• North Carolina Gen. Stat. § 7A-243 (Jurisdiction by amount in controversy) - Claims over $25,000 are heard in Superior Court; lower amounts in District Court.

Analysis

Apply the Rule to the Facts: The tow operator’s instruction to walk in bad conditions helps establish duty and a potential breach if that direction was unsafe. Your fall, broken bone, and surgery satisfy causation and damages. Watch for contributory negligence issues—statements like “I wasn’t watching my step” can be used to argue you share fault. Identify every responsible party (tow company, operator, possibly the property owner) so you file against the correct defendants within the deadline.

Process & Timing

1. Who files: You (the injured person). Where: File with the Clerk of Superior Court, Civil Division, in the North Carolina county where the incident occurred or where a defendant resides. What: File a Complaint and a Civil Summons (AOC-CV-100) and pay the filing fee. When: File within three years of the fall; after the summons issues, serve each defendant within the Rule 4 time limits (generally 60 days, with renewal options).
2. Serve the defendants: Arrange service by sheriff or certified mail. The case is a civil action for money damages; it does not proceed before the Clerk except for filing and issuing summons. Defendants typically have 30 days after service to respond.
3. Litigation track: Exchange evidence (medical records, bills, wage proof), conduct discovery, and attend mediation or settlement talks. If unresolved, the case proceeds to trial for judgment.

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery. Avoid admissions; document hazards and the operator’s directions.
• Wrong defendant or venue: Confirm the tow company’s legal name and address; consider the property owner if conditions on the premises contributed.
• Service errors: Track the 60-day service window; use alias and pluries or endorsement if needed to keep the case alive.
• Government involvement: If a state agency caused the hazard, different procedures may apply under the State Tort Claims Act.
• Medical liens and reimbursements: North Carolina law gives certain medical providers lien rights and public programs reimbursement claims that must be addressed before disbursement.
• Recorded statements: Do not give insurer statements or broad authorizations without legal guidance.

Conclusion

To pursue a North Carolina claim after slipping during a tow, file a civil complaint and have a civil summons issued, then serve each defendant under Rule 4. Prove duty, breach, causation, and damages, and guard against contributory negligence. File in the proper court division based on your damages and venue rules. The most important deadline is the three-year statute of limitations—file your complaint with the Clerk of Superior Court and start service well before that date.

Talk to a Personal Injury Attorney

If you're dealing with injuries from a tow-related fall and need to protect your rights and timelines, our firm has experienced attorneys who can help you understand your options and build your claim. Call us today to discuss your case.

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.