When someone is injured in an accident caused by another’s negligence, pursuing a personal injury claim can be the key to recovering medical expenses, lost income, and compensation for pain and suffering. However, as our Raleigh, NC personal injury lawyer can attest, time is not unlimited. Every state has strict deadlines—known as statutes of limitations—that determine how long an injured person has to file a lawsuit. Missing this deadline can mean permanently losing the right to seek justice.
What Is A Statute Of Limitations?
A statute of limitations is a law that sets a time limit for bringing a legal claim. In personal injury cases, this means an injured person must file their lawsuit within a specific number of years from the date of the accident or injury.
The purpose of these laws is twofold:
- To ensure cases are brought while evidence is still fresh and witnesses’ memories are reliable.
- To protect defendants from facing indefinite legal uncertainty.
Once the statute of limitations expires, courts almost always dismiss the case—no matter how serious the injury may be.
Typical Time Limits For Personal Injury Claims
The exact timeframe varies from state to state and depends on the type of case. Common deadlines include:
- Car Accidents and General Personal Injury: Often 2–3 years from the date of the accident.
- Medical Malpractice: Typically 1–3 years, sometimes starting from the date the injury was discovered.
- Wrongful Death: Usually 1–3 years from the date of death.
- Claims Against Government Entities: Often much shorter, sometimes requiring notice within just 6 months.
Because these timelines vary so widely, consulting with our personal injury lawyer as soon as possible is crucial.
Exceptions To The Rule
While statutes of limitations are strict, there are some exceptions that can extend or “toll” the deadline:
- Discovery Rule: If an injury is not immediately known—such as in cases of medical malpractice—the statute may begin when the injury is discovered or reasonably should have been discovered.
- Minor Victims: If the injured person is a child, the statute may not begin until they reach the age of 18.
- Fraud or Concealment: If the defendant deliberately hides their wrongdoing, the statute may be paused until the misconduct is uncovered.
Even with exceptions, courts rarely allow late filings, which is why immediate legal action is always recommended.
Why Acting Quickly Matters
Delaying a claim not only risks missing the statute of limitations but also weakens the case. Over time, witnesses move away or forget details, physical evidence disappears, and medical records may become harder to obtain. By contacting our personal injury lawyer promptly, victims ensure that critical evidence is preserved and deadlines are met.
How A Personal Injury Lawyer Helps
Our experienced lawyer knows the statute of limitations in their state and ensures that all claims are filed on time. They also investigate exceptions that may extend deadlines in unique cases. More importantly, our lawyer takes on the burden of gathering evidence, negotiating with insurance companies, and preparing the case for court—allowing the injured person to focus on recovery.
Statutes of limitations are one of the most important—and often overlooked—parts of a personal injury case. Missing the deadline can close the door on justice forever. If you or a loved one has been injured due to someone else’s negligence, don’t wait. Speak with our personal injury lawyer right away to protect your rights and secure the compensation you deserve. At Burton Law Firm, we are here to help.