Filing a Personal Injury Lawsuit in North Carolina

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Written By Berry Mathew

If you are feeling the weight of paying medical bills, struggling, injured, or afraid, you may want an effective solution. Civil courts of North Carolina, in that case, provide ways to recover losses from your personal injury.

One of the best ways to achieve this goal is to enlist the services of a reliable personal or back injury lawyer in North Carolina. But it may as well be important to know how the whole court system often works before pursuing a personal injury lawsuit.

What are Personal Injury Claims?

Personal injury is one of the fields of the law which covers accidents and injuries that causes harm, emotionally and physically, to an individual. If a distracted driver results in a vehicle accident and a passenger or a driver of another vehicle suffer injuries, they may bring a personal injury claim against the negligent driver.

Unless the injured decides to settle the case out of court, they should bring an administrative law claim or lawsuits so as to recover compensation to cover losses, such as the following:

  • Emotional distress
  • Property damage
  • Pain & suffering
  • Lost wages
  • Medical treatment

Statute of Limitations in North Carolina

The general statutes of North Carolina state the deadline for filling various personal injury cases. The timeframe for North Carolina’s statute of limitations varies based on the legal reason for filing a case or the cause of action.

Plaintiffs who want to sue under workers’ compensation or medical malpractice cause of action should file a case within three years following an accident, which caused them injuries.

Other personal injury cases that also have a deadline of three years in the state include false imprisonment, dog bite injuries, motorcycle lawsuits, trespass, product liability, and property damage, to name a few.

Exceptions to the Statute of Limitations

Some situations may delay the beginning of the three-year countdown or temporarily pause the clock. In this state, those situations may include the following:

  • If a suspect lives outside the state.
  • If the victim is regarded as incompetent under the state’s law
  • If the victim is only a minor

Where to File a Case

Once you enlist the services of a personal injury lawyer, the legal team will help you file a case in North Carolina’s civil court. The case can be filed in the county where the defendant/plaintiff lives or where the accident happened.

Suppose you want to file a case against North Carolina’s state government. Rules will apply, and your lawyer might need to file a case with North Carolina’s Industrial Commission before the statute of limitation expires.

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Filing a Personal Injury Case

A lot is involved before you file a personal injury case. But the most common steps you will need to take may include the following:

  • Consulting an attorney
  • Investigation
  • Settlement negotiations
  • Mediation
  • Jurisdiction
  • Pre-trial
  • Trial
  • Post-trial

The Bottom Line!

It is for your own good to talk to a professional personal injury lawyer following your accident. Your lawyer will start gathering documentation and information right away, which can take time when you decide to wait longer. Your attorney will also ask for data and reports and, at the same time, talk to several witnesses to strengthen your case.

Categories Law