Short Answer

In North Carolina, you should seriously consider filing a lawsuit when delays in settlement talks put you at risk of missing the statute of limitations. For most personal injury negligence claims, that deadline is generally three years from when the injury becomes apparent or should reasonably have become apparent. Filing suit can also create structure and deadlines (through court rules and scheduling) when an insurance negotiation stalls.

Understanding the Problem

In North Carolina, if you are the injured person and the insurance adjuster is not responding, you may be asking whether you can (or must) file a lawsuit to keep your personal injury claim alive—especially where the delay has dragged on since the summer. This question matters because settlement negotiations do not stop the legal filing deadline, and once that deadline passes, you can lose the right to recover through the courts.

Apply the Law

North Carolina personal injury cases are controlled by filing deadlines called statutes of limitations. In many injury cases based on negligence, the limitations period is generally three years, and it typically runs from when the injury becomes apparent (or should reasonably have become apparent). If you do not file a lawsuit in time, the court can dismiss the case even if the insurance company was still “considering” your demand.

Wrongful death claims have a different (shorter) deadline, and some special categories (like certain claims involving the State or product-related claims) can have additional timing rules. Because the filing deadline is case-specific, lawyers often work backward from the limitations date and set an internal “file-by” date well before the last day—especially when negotiations are slow.

Key Requirements

• Know the filing deadline: Identify the statute of limitations that applies to your claim type (often three years for negligence personal injury; different rules can apply in other situations).
• Do not rely on negotiations to pause the clock: Ongoing settlement talks usually do not extend the legal deadline to file suit.
• Have a lawsuit-ready case file: Before filing, your attorney typically confirms liability facts, medical documentation, wage loss support, and insurance coverage information so the complaint can be filed accurately.
• File in the proper forum: Most personal injury lawsuits are filed in North Carolina state court (typically the Superior Court or District Court in the appropriate county, depending on the case).
• Plan for service and litigation steps: Filing starts the case, but the defendant must also be served and the case will move into pleadings, discovery, and (often) mediation.
• Watch for special deadlines: Wrongful death, claims involving government entities, and certain other claims can have different timing and procedural requirements.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years; includes many personal injury claims) - Sets a three-year limitations period for many “injury to the person” claims and includes an accrual rule for when bodily harm becomes apparent or should reasonably become apparent.
• N.C. Gen. Stat. § 1-53 (Two years; includes wrongful death) - Provides a two-year limitations period for wrongful death claims (accruing at death).
• N.C. Gen. Stat. § 1-17 (Disabilities) - Explains tolling rules when the injured person is under a legal disability (such as being under 18 or legally incompetent) when the claim accrues.
• N.C. Gen. Stat. § 143-299 (Certain claims against State agencies) - Contains limitation rules for certain claims against State departments, institutions, and agencies (filed with the Industrial Commission).

Analysis

Apply the Rule to the Facts: Here, you have an ongoing insurance claim where your attorney resubmitted a demand and increased prior offers, but the adjuster has not responded after the holidays. That kind of delay can be frustrating, but the key legal issue is whether the statute of limitations is getting close. If the deadline is approaching, filing suit may be necessary to preserve your claim even if negotiations might eventually restart.

Process & Timing

1. Who files: The injured person (plaintiff), through an attorney. Where: The Clerk of Superior Court (or the appropriate trial court division) in the proper North Carolina county based on venue rules. What: A civil complaint (and related filings such as a summons). When: Before the statute of limitations expires—often treated as a hard stop even if the insurer is still “reviewing.”
2. Next step: Service of process on the defendant(s) and the insurance carrier is notified that litigation has started. After that, the defendant typically responds, and the case moves into discovery (exchange of information, records, and depositions). Timing can vary by county and case complexity.
3. Final step: Many cases still settle after filing—often after key discovery or mediation—while others proceed to dispositive motions or trial if settlement does not occur.

Exceptions & Pitfalls

• Wrongful death has a shorter deadline: If the case involves a death, the limitations period is generally two years from the date of death, and waiting on an adjuster can be especially risky.
• Government-related claims can be different: If a State agency is involved, different procedures and deadlines may apply, including filing in a different forum.
• Assuming “we’re still negotiating” protects you: A common mistake is believing an insurer’s silence, delay, or “we’re reviewing” language extends your time to sue. It usually does not.
• Waiting for “final treatment” can backfire: Sometimes people delay filing because they are still treating. Your attorney can often file to protect the deadline and continue documenting treatment afterward.
• Disability tolling is narrow: Tolling may apply for minors or legal incompetency, but you should not assume it applies without a careful legal review.

Conclusion

If settlement negotiations are not moving in a North Carolina personal injury claim, you should consider filing a lawsuit when delay threatens the statute of limitations—often three years for negligence injuries (with different rules for wrongful death and certain other claims). Negotiations usually do not pause that deadline. The most important next step is to confirm your limitations date and, if needed, file the complaint with the proper North Carolina court before the deadline expires.

Talk to a Personal Injury Attorney

If you’re dealing with a stalled insurance negotiation and you’re worried about running out of time to file, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call CONTACT NUMBER.

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.