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How the Statute of Limitations Can Affect Your Case

How the Statute of Limitations Can Affect Your Case

Every personal injury and wrongful death case has an expiration date, and that is the statute of limitations. Each state creates their own deadlines. If someone does not file their claim within that deadline, then they can forfeit any right to compensation from that claim, no matter how strong the claim is. As simple as it may sound to file paperwork in time, there are many issues that can complicate the issue of a deadline.

For example, it may not always be clear when the clock should start running on a case. Take exposure to toxic chemicals, for instance, would the timer start from the day of the exposure, or from the day that the resulting illness is diagnosed?

Beyond these difficulties, specific types of personal injury claims will have deadlines that differ from one another. In general for North Carolina, however, you could have as much as 3 years within which to file a personal injury claim, and two years from the date of loss within which to file a wrongful death claim. To get specifics on your case, however, it would be best to consult a personal injury attorney.

What happens if you have missed this deadline? If you have filed a claim too late, a defendant can automatically have your case dismissed. But while missing this deadline could mean losing your claim, it does not necessarily mean that you would lose out on all rights to compensation. There may be other ways that you could recover damages. For example, if your lawyer failed to file your claim in time, you could have a strong legal malpractice case on your hands.

If you need to file a personal injury or wrongful death lawsuit, then act now before it is too late. Contact the Whitley Law Firm today, and find out what an experienced Raleigh personal injury lawyer can achieve for you.

If you have already worked with a lawyer on your case, but he or she missed the deadline or committed some other act of negligence that ruined your claim, our legal team may be able to help you recover the compensation that you deserve through a legal malpractice claim. Reach us today before your case expires!