How Late is Too Late to Bring a Personal Injury Lawsuit?

One common concern for injury victims is whether they waited too long to bring a personal injury lawsuit. There are many reasons for not bringing a lawsuit immediately after an accident occurs.  For example, you may want to wait to find out the total cost of your medical bills. You may be too busy dealing with extreme pain or immobilization, are unable to find a personal injury attorney you can trust with your case, or just forgot until now.

What is a Statute of Limitations?

The law governing how soon you must bring a lawsuit is called a “statute of limitations.” Each type of lawsuit has a different statute of limitations.

Think of the statute of limitations as a clock.  In most instances, the clock starts ticking on the date the injury occurs. If the clock expires before the lawsuit is filed, the defendant can plead the statute of limitations to bar the plaintiff’s claim from going forward.

To further complicate things, statute of limitation laws differ from state to state. Below are the laws that apply in North Carolina and South Carolina.

North Carolina

Statutes of limitations for personal injury cases in North Carolina include:

• General personal injury claims – three years from the date the injury occurred;
• Medical malpractice claims – three years from the date of the injury or two years from the date of discovery (up to a maximum of four years from the date of the injury);
• Wrongful death claims – two years from the date of death;
• Injury to personal property – three years from the date of the injury; and
• Personal injury claims involving minors – three years from the date of the minor’s 18th birthday.

South Carolina

Statutes of limitations for personal injury cases in South Carolina include:

• General personal injury claims – three years from the date the injury occurred;
• Medical malpractice claims – three years from the date of the injury or three years from the date of discovery (up to a maximum of six years from the date of the injury);
• Injury to personal property – three years;
• Wrongful death claims – three years from the date of the death; and
• Personal injury claims involving minors – one year from the date of the minor’s 18th birthday.  (Note: there is a separate rule for medical malpractice actions.)

Speak With an Experienced Personal Injury Attorney

If you have a personal injury claim and worry it may be too late to file suit, do not wait – contact a personal injury attorney today. An experienced lawyer can discuss the background for your claim and advise you on possible statute of limitations issues. If appropriate, a lawyer can help you bring a personal injury lawsuit to get you the help you need.