Statute of Limitations
You may have heard the term “statute of limitations.” But what does that mean? A statute of limitations is the limited amount of legal time you have to file a lawsuit. Because this limit is set by state law (a “statute”), it is called the statute of limitations. This time period is not endless. In North Carolina, most legal disputes must be filed within a 3-year period of time. In most cases, failing to file your claim in court before this period of time expires will result in the loss of your right to even bring your claim. The law imposes a time limit on legal disputes because as time passes, it can be more difficult for the legal system to resolve disputes. Potential witnesses may forget what they saw, documents may no longer be available to be used as evidence, memories fade and change.
So, how does the statute of limitations affect your case? Different types of cases have different time limits and different states may also have different rules. You should never assume that your case has an endless life - if you think that you have a valid legal dispute, you should consult a qualified attorney immediately to make sure that your claims are preserved and that your rights will not be affected by the expiration of a statute of limitations.
Generally, in North Carolina, most claims are governed by a 3-year statute of limitations. For claims like personal injury from an automobile collision, injuries from slip and falls, dog bites, medical negligence, and other injury claims, you have 3 years from the date of the injury to bring your claim. However, claims for wrongful death have only a 2 year time period. Other matters may have a longer or shorter limit of time.
There are exceptions that may impact the timeline of your right to file a lawsuit. For example, if you were under the age of 18 when your injury occurred, the three-year time frame would not start until you turned 18. Another exception is if the person who caused the injury departs from or resides out of North Carolina or remains continuously absent from the state for a period of one year or more, the absence most likely won’t be counted as part of the three years. These exceptions are periods of “tolling” in the time period. Think about the statute of limitations as a time clock. When a right accrues (for example, when you are injured from a car wreck), the clock starts counting down from 3 years towards zero. Tolling is like pressing pause on that clock. Once the tolling period is resolved, the clock starts up again and begins counting down to zero, when the time period for filing a case expires.
The state of North Carolina applies a rule of discovery for certain types of cases, which means that your time to file a lawsuit may not start to run until you discover your injury, condition, or damages if the injury or condition was not readily apparent at the time. These situations can arise, for example, in medical negligence cases, especially surgical cases. If a doctor operates on a patient and creates an internal injury (such as cutting something that was not part of the planned surgery or leaving gauze inside the patient), the patient does not know of the injury when it occurs. In this scenario, the clock on the time limit does not start until the patient “discovers” or becomes aware of the injury. Sometimes, this discovery does not occur until a significant amount of time passes.
As you can tell, the analysis related to the statute of limitations can be pretty easy - you were in a wreck and hurt your back - you have 3 years from that day to bring your claim against the other driver. But sometimes, the analysis is very complicated - a minor child is injured when a doctor leaves a sponge inside after an emergency appendectomy. The point is, never assume that you have all the time in the world to bring your claim. Consult with a qualified attorney as soon as you think that you have a claim and get good advice on how to proceed.
So, what are the Statutes of Limitations for civil lawsuits in North Carolina? Here are a few of the most prominent claims and their corresponding time periods:
Personal Injury - three years
Libel/Sander - one year
Fraud - three years
Injury to Personal Property - three years
Professional Malpractice - two years or more
Trespass - three years
Collection of Rents - three years
Contracts - Written and Oral - three years
Judgments - 10 years
Knowing the length of time you have to file your civil lawsuit is a complicated process. The process can be overwhelming and the help of a trusted lawyer can help protect your best interests.
