How long do I have to file a personal injury claim after receiving treatment?: North Carolina timelines and rules
How long do I have to file a personal injury claim after receiving treatment? - North Carolina
Short Answer
In North Carolina, most negligence-based personal injury claims must be filed within three years, and the clock usually starts on the date of the injury—not when you finish medical treatment. Ongoing care does not extend the deadline. Shorter or different timelines can apply to medical malpractice, claims against government entities, or if the at-fault person dies and you must deal with their estate. When in doubt, act early.
Understanding the Problem
You’re asking, in North Carolina, how long you have to file a personal injury case after getting medical care. You were hurt in an accident (shoulder impact) and received emergency and follow-up treatment. The key question is when your filing clock starts and whether your course of treatment changes it.
Apply the Law
Under North Carolina law, most negligence claims for bodily injury must be filed within three years. The claim typically “accrues” on the day you were injured, because that’s when the harm is apparent. Medical treatment dates generally do not extend or pause the deadline. Different rules may apply to medical malpractice, claims against government entities (filed with the Industrial Commission), or if the defendant dies and you must present your claim to an estate. The main forum for a personal injury lawsuit is the General Court of Justice; you file a Complaint and a Civil Summons (AOC‑CV‑100) with the Clerk of Superior Court and serve the defendant under Rule 4.
Key Requirements
Know your claim type: Ordinary negligence injuries are generally subject to a three‑year limit; professional malpractice has its own time and repose rules.
Accrual date: Time usually starts when you’re hurt (or when the injury was reasonably apparent); treatment does not reset the clock.
File and serve: File a Complaint and Civil Summons (AOC‑CV‑100) with the Clerk of Superior Court and serve the defendant before the deadline.
Special defendants: Claims against state agencies go through the N.C. Industrial Commission and follow different procedures and timing.
If the defendant dies: You may need to present the claim to the personal representative within estate claim periods; substitution into a pending case can count as presentment, and insurance-only recoveries may be treated differently.
Disability tolling: Minors and certain incapacitated persons may have extra time; the clock can be tolled until the disability ends.
Apply the Rule to the Facts: Your shoulder injury from the accident was apparent immediately, so the three-year period likely started that day. The ER, urgent care, and clinic visits do not extend your time to sue. If your sibling was injured in a related incident, their deadline runs on their own timeline—it doesn’t tie to yours. If medical negligence is suspected in your treatment, a different malpractice timeline may apply; act quickly to evaluate that.
Process & Timing
Who files: You (the injured person). Where: File a civil Complaint and Civil Summons (AOC‑CV‑100) with the Clerk of Superior Court in the appropriate county division. What: Complaint stating the claim plus Summons for service. When: File within three years of the injury in most negligence cases; shorter or different periods can apply to malpractice or government claims.
After filing, promptly serve the defendant under Rule 4, notify applicable insurers, and preserve medical and billing records. County practices can vary on scheduling and case management.
Proceed through discovery, mediation, and trial as needed. Cases may resolve by settlement or judgment; keep the court’s deadlines and any insurer’s notice requirements in view.
Exceptions & Pitfalls
Finishing treatment first: Waiting for maximum medical improvement does not pause the statute of limitations.
Wrong forum or party: Claims against state agencies follow the Tort Claims Act process through the N.C. Industrial Commission; suing the wrong entity can cost time.
Defendant’s death: If the at‑fault person dies, you may have to present the claim to the estate within the estate’s creditor window; a substitution of the personal representative in a pending case can satisfy presentment, and insurance‑only recoveries are treated differently.
Malpractice overlay: If you suspect medical negligence during your care, different accrual and repose rules apply; those can be shorter than you expect.
Minors/incapacity: Tolling may extend time, but do not rely on it without legal advice; rules are technical.
Conclusion
In North Carolina, most personal injury lawsuits must be filed within three years, and the clock typically starts on the accident date. Medical treatment and negotiation do not extend the deadline. Identify your claim type, confirm the accrual date, and file a Complaint and Civil Summons (AOC‑CV‑100) with the Clerk of Superior Court before your time runs. If government entities, malpractice, or a deceased defendant are involved, timing and process can change—act promptly.
Talk to a Personal Injury Attorney
If you’re facing a North Carolina injury claim and want to understand your exact deadline and filing steps, our firm can help you map out the timeline and protect your rights. Call us today to get started.
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.
