Statute of Limitations for Minors Calculation
Statute of Limitations For Minor Children in North Carolina
In North Carolina, the statute of limitations for a minor child is different from that of an adult. Generally speaking the statute of limitations for an adult is three (3) years from the date of injury or the discovery of the injury for a negligence claim under N.C. Gen. Stat. § 1-52(16). However, this general rule of three (3) years does not apply to minor children who have been injured car accidents in North Carolina.
Firstly, it is important to understand that a minor child is not an adult and is considered under a ‘legal’ disability. Therefore, a minor child is not limited by a three (3) years statute of limitations in the same manner an adult would be in North Carolina.
The law in North Carolina, particularly N.C Gen Stat. §1-17(a), states that a minor is required to initiate a legal action for negligence within three (3) years after the removal of his or her disability. This means that a minor child must file their legal action for negligence within three (3) years after the minor turns eighteen, is emancipated, or has a Guardian ad Litem appointed. For more information about presenting and filing a claim for minor children in North Carolina please visit our article on Statute of Limitations and Minor Children (Link).
A minor child’s claim for negligence arising from a car accident would permit the minor child to: (1) reach the age of majority and file a lawsuit within three (3) years or (2) file the claim within three (3) years of the appointment of a Guardian ad Litem.
It is important to understand that a person is considered under a disability if the person meets one or more of the following conditions founds with N.C. Gen. Stat. §1-17:
(1) The person is within the age of 18 years.
(2) The person is insane.
(3) The person is incompetent as defined in G.S. 35A-1101(7) or (8).
“When my 4-year old son and I were involved in a terrible head-on collision, I wasn't sure where to turn. Wallace Pierce has been great showing me the way!”- Mary P.
“Richard Dingus is a great attorney! And I think the best, serving in the state of North Carolina. I would recommend him for injury and bodily claim any day.”- Isaac B.
“They were concerned not only about getting our vehicle replaced, but more importantly my kid’s full recovery.”- Coral M.
“I retained this law firm to fight my case. I was completely shocked at the amount I received once the case was won.”- Schjuana S.
“Mr. Pierce gave me practical advice and was very thorough in guiding me through the process. I left with a strong and positive impression of him.”- Audria L.
“Was able to either point me in the right direction or answer any questions I had regarding the accident I was in. Thank you!”- Steven L.
“Great Law Firm, Friendly Staff, Amazing Service. Willing to help you every step of the way.”- Caleb M.
“I could not recommend anyone any higher than I recommend Wallace Pierce Law, they get the job done and they do it quicker and better and keep you informed along the way.”- Debby L.
$1,900,000 Wrongful Death
The at-fault driver failed to reduce speed and collided with our client's vehicle. Our client passed away shortly after the collision.
$900,000 Wrongful Death
Our client was thrown from his motorcycle and was pronounced deceased on the scene.
$122,000 Car Accident
Vehicle made a left-hand turn, failing to yield the right of way.
$104,000 Serious Injuries
Client was a passenger in a vehicle that was driving through an intersection when another vehicle ran a stop sign and t-boned the vehicle our client was in.
$104,000 Severe Injury
We were able to not only receive policy limits for our client but were able to negotiate her medical bills and liens to ensure that she was able to keep a good portion of the settlement.
$102,000 Serious Injuries
Elderly client was a passenger in a vehicle that was t-boned in an intersection where a driver failed to yield the right of way.