Exceptions to the North Carolina Statute of Limitations for Injury Claims

July 18, 2025

Personal Injury Lawyer North Carolina

The time limit that governs how long you have to file a lawsuit seeking financial compensation for a personal injury is known as the statute of limitations. This deadline varies depending on the type of claim and the jurisdiction in which it is filed. Generally speaking, the North Carolina statute of limitations for personal injuries is three years from the day the injury occurred. There are, however, numerous exceptions to this statute.

Working with an experienced North Carolina personal injury lawyer from Shapiro, Washburn & Sharp is key to understanding the specific deadline that applies to your case and ensuring that you don’t lose your right to compensation. Call us today to schedule a free consultation.

Why Does Prompt Filing Matter in a North Carolina Personal Injury Lawsuit?

Although three years certainly sounds like ample time, filing your claim in a timely manner is advantageous for multiple reasons, including:

Most evidence is time-sensitive. If too much time passes, eyewitnesses may struggle to remember what they saw, and nearby stores might delete their CCTV footage of the incident before your attorney has a chance to view it.
North Carolina personal injury claims are often complex and time-consuming, so your attorney will need ample time to thoroughly investigate the cause of your injury and construct a compelling case backed by solid evidence.

Following a personal injury accident, you need to weigh the wisest course of action for your specific situation in order to avoid missing out on the financial compensation you need and deserve.

Are There Any Exceptions to the North Carolina Statute of Limitations?

Almost all personal injury accidents have an immediate, easily identifiable cause. For instance, if you are injured in a traffic collision, you will probably be aware of any severe injuries shortly after the accident. Due to this, the majority of car accident claims are subject to the state’s three-year filing deadline.

Sometimes, however, determining the cause, or even the existence, of an injury is more complicated. In these circumstances, the “discovery rule” applies. This can be helpful in situations where the injury isn’t discovered until well after the incident occurred.

The Discovery Rule

Cases that involve an illness that has developed several years after the victim was exposed to hazardous chemicals or substances, like asbestos, are strong examples of when the discovery rule should be applied. In these cases, you can bring a lawsuit within three years of discovering the injury or illness.

North Carolina law states that, under the discovery rule, claims can be valid for as long as six years after the act that caused the injury. This time limit is known as the ‘statute of repose,’ which sets the absolute deadline for taking your case to court.

Other exceptions to the statute of limitations include:

Product Liability

Claims involving defective products are bound by the same three-year deadline as other injury claims. There exists, however, an additional provision that gives consumers as much as 12 years after purchasing a dangerous or defective product to bring a personal injury lawsuit for damages.

In other words, even if the product’s defect did not cause it to fail right after you purchased it, you can still bring a lawsuit within three years of your injury as long as it pre-dates the 12-year deadline.

Wrongful Death

When a loved one dies due to another person’s wrongdoing or negligence, certain surviving relatives are eligible to bring a wrongful death suit within two years of their family member’s passing.

Medical Malpractice

According to North Carolina law, victims have two years from the day their accident occurred or one year from the discovery date to bring a lawsuit, but no later than four years due to the statute of repose.

For example, if a surgeon leaves a surgical instrument inside a patient, the patient can bring a lawsuit no later than one year after the discovery, including a ten-year statute of repose.

Suing a Municipality

If you wish to bring a suit against a North Carolina municipality, your case is subject to a shorter deadline. This deadline will vary based on which municipality you are trying to sue. A skilled North Carolina personal injury lawyer can explain which statute of limitations applies to your case and whether or not any of these exceptions apply.

Can I File a North Carolina Personal Injury Lawsuit On My Own?

The circumstances of your accident notwithstanding, it is important that you understand how much time you have to file your claim. That’s because exceptions to the statute are few and narrowly defined. If the deadline expires before you file your lawsuit, the court can and will dismiss your case, and you will be barred from pursuing financial compensation.

While you are trying to recover from an injury, the last thing you need to be focused on is complications that can shorten your filing deadline, including:

Being anxious or uncertain about the statute of limitations and the legal process in general
Struggling to find and collect the evidence you need to back up your claim
Encountering excessive delays from an insurer

This is where our experienced North Carolina legal team can step in and help. We treat all our clients with kindness and understanding. We are always ready to explain how North Carolina’s laws apply to your case and take the steps necessary to ensure that your claim is filed by the appropriate deadline.

As soon as you sign with us, we put our knowledge, skills, and experience to work for you. Our North Carolina personal injury lawyers have more than 100 combined years of experience representing personal injury clients in North Carolina. In one recent case, we secured a $1 million settlement for the family of a teenager who sustained a fatal traumatic brain injury when he was struck by a groundskeeper riding an ATV.

The personal injury law firm of Shapiro, Washburn & Sharp has been serving injured clients throughout Kill Devil Hills, Nags Head, and Kitty Hawk since 1985. We understand the severe emotional, financial, and physical effects a serious accident can have. To schedule a free consultation with one of our trusted North Carolina personal injury lawyers, call (833) 997-1774 or fill out our online contact form.