How long do I have to file a slip-and-fall injury claim?

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How long do I have to file a slip-and-fall injury claim? - North Carolina

Short Answer

In North Carolina, most slip-and-fall injury lawsuits must be filed within three years of the date your injury becomes apparent (often the date of the fall). If the slip-and-fall caused a death, the deadline is typically two years from the date of death. Different rules can apply if the claim is against a North Carolina state agency (which is usually filed with the Industrial Commission instead of a regular court), so it is smart to confirm the correct deadline early.

Understanding the Problem

If you were hurt in a slip-and-fall in North Carolina, you may be asking: “How long can I wait before I must file a claim?” This question matters because the deadline usually runs whether or not you have finished treatment or have all your records. Here, the key fact is that you are considering talking with an attorney about a slip-and-fall incident, which often means you are still early enough to preserve evidence and confirm the correct filing deadline.

Apply the Law

A slip-and-fall case is usually a negligence claim (often called a premises-liability case) against the person or company responsible for the property. In North Carolina, the main deadline is the statute of limitations: the time limit to file a lawsuit in the proper forum. For most personal injury cases, that limit is three years. If the case involves a North Carolina state department or agency, the claim is generally handled under the State Tort Claims Act and is filed with the North Carolina Industrial Commission, which has its own filing requirements and deadlines.

Key Requirements

  • Identify the correct deadline: Most slip-and-fall injury lawsuits must be filed within three years, but some situations (like death or certain defendants) change the clock.
  • Know when the clock starts: In many injury cases, the time runs from when the bodily harm becomes apparent (often the date of the fall).
  • File in the correct forum: Most cases go to North Carolina state court, but claims against North Carolina state agencies are typically filed with the Industrial Commission.
  • Don’t confuse “insurance claims” with “filing suit”: Talking with an insurer or property owner does not stop the statute of limitations from running.
  • Preserve evidence early: Even if you have time to file, waiting can make it harder to prove what caused the fall (conditions change, video is overwritten, witnesses disappear).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the only fact provided is that you are considering speaking with an attorney about a slip-and-fall, the key takeaway is that you should confirm the date of the incident and identify who controlled the property. If this is a typical premises-liability injury claim against a private property owner or business, the usual deadline is three years. If the incident involved a North Carolina state agency or occurred on state-controlled property in a way that triggers the State Tort Claims Act, you may need to file with the Industrial Commission within the time set by statute.

Process & Timing

  1. Who files: The injured person (or, in a death case, the proper representative). Where: Usually North Carolina state court; for many claims against North Carolina state agencies, the North Carolina Industrial Commission. What: A civil complaint (court) or a claim filing that meets Industrial Commission requirements (state-agency claims). When: Commonly within 3 years for personal injury; within 2 years from death for wrongful death.
  2. Early case work: Identify the correct defendant (owner/tenant/manager), request incident reports, preserve any video, and document the condition that caused the fall. This often needs to happen quickly because evidence can disappear even when the legal deadline is months or years away.
  3. Filing and service: After filing in the correct forum, the defendant must be properly served. Missing service requirements can create avoidable delays and motion practice.

Exceptions & Pitfalls

  • Wrong defendant or wrong forum: A common problem is suing the wrong entity (for example, a management company instead of the legal owner) or filing in court when the claim must be brought before the Industrial Commission for state-agency cases.
  • Waiting for “final” medical answers: People often delay because they are still treating. The statute of limitations usually does not wait for you to finish treatment.
  • Government-related complications: Claims involving government property can raise immunity issues and special procedural rules. Even when the limitations period is similar, the steps and forum can be different.
  • Evidence loss: Surveillance video may be overwritten, and hazardous conditions may be repaired. Acting early helps preserve proof even if you are still within the filing deadline.

Conclusion

In North Carolina, you usually have three years to file a slip-and-fall injury lawsuit, and a wrongful death claim is generally due within two years from the date of death. If a North Carolina state department or agency is involved, the claim is typically filed with the North Carolina Industrial Commission and must meet the statutory timing rules. The most important next step is to confirm the incident date and the correct defendant and then file in the proper forum before the applicable deadline.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina slip-and-fall injury and you are unsure about the filing deadline or the correct place to file, our firm has experienced attorneys who can help you understand your options and timelines. Call or text [CONTACT NUMBER] 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.

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