When Is It Too Late to File a Personal Injury Lawsuit in North Carolina?
Whether there was a car accident, a neighbor’s dog bit you, or damage at work (not referring to workers’ comp claims), a personal injury case can occur. A personal injury case can seem self-explanatory, but it is actually a case that can be formalized through court proceedings. It is not always that a case like this will make it to court, as reparations are commonly made outside of the court between the parties involved. It’s a cheaper and much less time consuming option.
Statute of Limitations
A time period wherein the case has to take place is called a statute of limitations. It’s a formal expiration date that keeps the case between a certain time period and not ten years after the fact. The person desiring to file the claim must do so in the period of time given within the statute of limitations; which in North Carolina is three years.
The statute of limitations is different in regards to different things, e.g. rape and murder.
It is recommended that as soon as the injuries are noticed is the proper time to create your case. It is understood that, right after the injury, time might be spent in a hospital, or dealing with a number of things. However, it is best practice to take care of them as soon as they take place. To win a personal injury lawsuit, there is substantial proof that needs to be able to hold up in court. The longer that it takes for you to bring your case to civil court, the more difficult it could be to state your evidence for your claim.
Workers Comp Injury Cases
Personal injury cases that are also eligible for workers’ comp follow different rules outside of the statute of limitations. For workers’ comp, the timeline is different than the three-year timeline that is given within the statute of personal injury cases. The government requires companies to have workers’ compensation insurance which provides medical, monetary and supportive assistance to people under their employ who have been injured. The timeline is much stricter here than the aforementioned situation.
Medical attention needs to be taken immediately after the injuries and the claim should be filed within the first thirty days. Now, if that doesn’t happen, all is not lost. Under most circumstances, you still have a chance to receive assistance if the claim is made within two years.
Seek Legal Council
There are ways to get swindled and simply misunderstand the process when trying to file a personal injury case. The best way to handle the situation is to get a professional involved. Mike Lewis Attorneys offers free case reviews and will be able to handle all concerns and questions as they occur and professionally. There is no reason to go through a traumatic experience alone when Mike Lewis Attorneys can be there with you every step of the way.