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How Does Statute of Limitations Affect Injury Cases?

By Molly Larzelere Subscribe to RSS | August 13th 2012 | Views:

A statute of limitations in a North Carolina personal injury refers to the amount of time you have to file a lawsuit after the injury occurs. It usually differs depending on the case, and there are circumstances, such as having hidden injuries that do not manifest until later, that can complicate matters. Personal injury attorneys in Hickory can provide detailed and accurate information and answer questions regarding statute of limitations regarding your specific case in a free consultation.

Knowing when the statute of limitations becomes applicable is very important for your case. If you miss it and file too late, your right to sue and file for damages is irretrievably lost. It’s usually recommended to acquire the assistance of personal injury attorneys in Hickory as soon as you can after an injury due to another person’s negligence or fault. The time frame is relative short in most cases, ranging anywhere from two year to six, and in rare situations, no more than 10 years.

In some situations, especially regarding head or spine injuries, the discovery rule may apply. This sets aside the usual statute to begin running immediately after an injury occurs because some injuries may not become known until later, although they have already been sustained due to a specific incident. According to the discovery rule, the statute of limitations begins to run from the moment the injured parties discovers the hidden injury, rather than from the time that the injury was actually incurred. Exposure to toxic substances that doesn’t manifest symptoms until much later is an example in which the discovery rule is standard practice.

It isn’t safe to assume that the discovery rule will apply in your case, even if it involves exposure to toxic substances. It is crucial to consult with personal injury attorneys in Hickory as soon as possible regarding your case in order to complete all necessary actions within the legal timeframe.

In the case of children, there are usually exceptions to the statute of limitations. A statute of limitations on an injury in most cases where a child is injured will not begin to run until the child reaches the age of eighteen and has the legal status as an adult to actually file a lawsuit claim.

People who have been injured and have waited to take action may assume the statute of limitations has already passed. It is never safe to make assumptions of that nature, and many have found it beneficial to consult with personal injury attorneys in Hickory the find out what kind of options they may have.

Molly Larzelere - About Author:
With seven offices across North Carolina, Carl Nagle is a former claims adjuster and insurance defense lawyer who has experience, focus, and demonstrated success in providing dedicated client service in accident litigation. Contact Carl Nagle, one of the most accomplished personal injury attorneys in Hickory, at Nagle & Associates by calling (828) 324-9989 or toll free 800.411.1583 or visit for a FREE initial consultation.

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