Short Answer

In North Carolina, most car-accident lawsuits for injuries or vehicle damage must be filed within three years. If the crash caused a death, a wrongful-death lawsuit generally must be filed within two years of the date of death. Because the deadline can change based on who is involved and when the harm became apparent, it is safest to get legal advice as early as possible.

Understanding the Problem

If you were in a North Carolina car accident and you are thinking about “taking legal action,” the key question is: how long can you wait before you must file a lawsuit in court to protect your right to recover money damages? Here, you mentioned only that you want to speak with an attorney about a car accident, which is enough to focus on the filing deadline that usually applies to crash-related injury and property-damage claims.

Apply the Law

North Carolina sets time limits—called statutes of limitations—for filing civil lawsuits. For most car-accident cases, the deadline is three years for personal injury and three years for property damage. Wrongful-death claims generally have a two-year deadline measured from the date of death. These cases are typically filed in the North Carolina Superior Court or District Court in the county where the crash happened or where a defendant lives, depending on the situation.

Key Requirements

• Pick the right claim type: Injury claims, property-damage claims, and wrongful-death claims can have different deadlines.
• File in time (not just “start a claim”): Negotiating with an insurance company does not stop the clock; you usually must file a lawsuit before the deadline.
• Know when the clock starts: In many cases the clock starts on the crash date, but North Carolina law can also tie accrual to when bodily harm or property damage becomes apparent or should reasonably have become apparent.
• Use the correct court and county: Filing in the wrong place can create delay and deadline risk.
• Watch for special rules when the government is involved: Claims against certain government entities can have different procedures and deadlines and may involve a different forum.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many civil actions, including many injury and property-damage claims, and includes rules about when certain claims accrue.
• N.C. Gen. Stat. § 1-53(4) (Two years) - Sets a two-year limitations period for wrongful-death actions and states the claim accrues on the date of death.
• N.C. Gen. Stat. § 143-299 (Claims against the State) - Provides filing deadlines for certain claims against State departments, institutions, and agencies in the Industrial Commission (including a two-year wrongful-death deadline in that setting).

Analysis

Apply the Rule to the Facts: Because you only shared that you were in a car accident and want to talk to an attorney, the safest general rule to keep in mind is the three-year deadline that commonly applies to crash-related injury and property-damage lawsuits in North Carolina. If the accident involved a fatality, the deadline is commonly two years for a wrongful-death lawsuit. The exact deadline can still depend on what claims you need to bring and when the law treats your claim as having “accrued,” so you should confirm the date with counsel rather than relying on a rough estimate.

Process & Timing

1. Who files: The injured person (or, for wrongful death, the personal representative of the estate). Where: Typically North Carolina District Court or Superior Court in the proper county. What: A civil Complaint (and related filings such as a Summons). When: Generally within 3 years for injury/property-damage claims, or within 2 years from the date of death for wrongful-death claims.
2. Service of process: After filing, the plaintiff must have the defendant properly served. If service is delayed or done incorrectly, it can create deadline problems even if the complaint was filed on time.
3. Litigation steps: The case then moves through pleadings, evidence exchange, motion practice, and (if not resolved) trial. Timing varies by county and court calendar.

Exceptions & Pitfalls

• Wrongful death is different: Families often assume they have the same time as an injury claim, but wrongful-death claims generally have a shorter deadline.
• Insurance negotiations do not extend the deadline: An adjuster can keep talking while the statute of limitations keeps running.
• Unclear “start date” issues: North Carolina law can treat a claim as accruing when harm becomes apparent or should reasonably have become apparent, which can matter in unusual situations. Do not assume this helps you without legal review.
• Government-related crashes: If a State agency vehicle or employee is involved, special rules and a different forum may apply, with strict filing requirements.
• Waiting can weaken proof: Even if you are still within the deadline, delay can make it harder to obtain records, locate witnesses, or document injuries.

Conclusion

In North Carolina, you usually have three years to file a lawsuit after a car accident for injuries or vehicle/property damage, and two years to file a wrongful-death lawsuit measured from the date of death. The deadline can change based on the type of claim and special situations (including claims involving the State). The most important next step is to confirm your exact filing deadline and file the Complaint in the proper North Carolina court before it expires.

Talk to a Personal Injury Attorney

If you're dealing with a car accident and you’re unsure how much time you have to file a lawsuit in North Carolina, an attorney can help you identify the correct deadline, the right court, and the steps needed to protect your claim before time runs out. Reach out 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.