What deadlines apply to my personal injury claim in North Carolina after dismissal?: Clear timelines under North Carolina law
What deadlines apply to my personal injury claim in North Carolina after dismissal?
Short Answer
In North Carolina, most personal injury claims must be filed within three years. If your earlier case was voluntarily dismissed without prejudice under Rule 41, you generally have one year from the date of that dismissal to refile, but only if the original case was filed on time and properly commenced. That one-year “savings” period does not apply to involuntary dismissals. Separate tolling rules may extend deadlines for minors or those who are legally incapacitated.
Understanding the Problem
You want to know if you can refile your North Carolina personal injury case and what deadlines now apply after a dismissal without prejudice. The key question is: can I refile and by when, given North Carolina’s timelines? One salient fact: your earlier lawsuit was dismissed without prejudice years ago.
Apply the Law
North Carolina sets a three-year limit for most personal injury claims. A plaintiff who takes a voluntary dismissal without prejudice may refile the same claim within one year of the dismissal if, and only if, the first action was timely and properly commenced. An action is commenced by filing a complaint with the Clerk of Superior Court, and a summons must be issued promptly to keep the filing effective. The “savings” year does not revive cases dismissed involuntarily for reasons like failure to prosecute, and it does not fix defects in starting or serving the case. Tolling rules can pause deadlines for minors or legally incapacitated persons.
Key Requirements
Baseline limitation: Most personal injury claims must be filed within three years of accrual.
One-year refiling (voluntary dismissal only): After a voluntary dismissal without prejudice, you have one year to refile if the first suit was timely and properly commenced.
No savings for involuntary dismissals: The one-year period does not apply to Rule 41(b) involuntary dismissals.
Commencement and summons: File your complaint with the Clerk of Superior Court and ensure a civil summons issues promptly; failure to issue a proper summons within the required window can mean the case was never commenced.
Service and continuity: Serve defendants and keep the summons alive using proper extensions or alias and pluries summonses if service is delayed.
Tolling for disability: Minority or legal incapacity can pause the statute of limitations, but this does not expand the one-year savings period.
Two‑dismissal rule: A second voluntary dismissal of the same claim generally acts as a decision on the merits and bars refiling.
Apply the Rule to the Facts: Because your fall happened many years ago, the three-year limitations period likely expired unless a tolling rule applied. If your prior case was timely filed and you took a voluntary dismissal without prejudice, you had one year from the dismissal date to refile. If that one-year window passed, refiling is usually barred. If the earlier dismissal was involuntary, the savings rule does not apply, and only the original three-year period controls.
Process & Timing
Who files: Injured plaintiff. Where: Clerk of Superior Court in the county where the injury occurred or where a defendant resides. What: Civil Summons (AOC‑CV‑100) and a complaint stating your claims. When: File within three years of accrual or, if you previously took a voluntary dismissal, within one year of that dismissal if the first case was timely and properly commenced.
After filing, ensure the Clerk issues the summons promptly and complete proper service. If service is delayed, use endorsements or alias and pluries summonses as required to keep the case alive; local practices can vary.
After service, the case proceeds through discovery and motions toward settlement or trial; the court will issue a scheduling order setting key dates.
Exceptions & Pitfalls
If the original complaint was filed after the three-year limit or was not properly commenced (for example, no timely summons issuance), the one-year savings period does not help.
The one-year savings does not apply to involuntary dismissals; only a timely new filing within the original limitations period would work.
Failing to issue a summons promptly after filing, or to keep it alive when service is delayed, can void commencement and time-bar the case.
A second voluntary dismissal of the same claim generally operates as a final adjudication, blocking a third filing.
Separate statutes of repose or special notice rules may apply for certain defendants or claim types; these outside deadlines are not extended by a dismissal.
Conclusion
In North Carolina, you generally have three years to file a personal injury claim. If you timely filed and later took a voluntary dismissal without prejudice, you have one year from the dismissal to refile; this does not apply to involuntary dismissals. To protect your rights, obtain your prior case file and dismissal order, confirm the dismissal type and date, and, if time remains, file a new complaint and have the Clerk issue a summons promptly.
Talk to a Personal Injury Attorney
If you're dealing with a dismissed personal injury case and need to confirm your refiling deadline, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].
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.
