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There are many legal parameters surrounding a compensation claim following an auto accident. Of these parameters is the statute of limitations. If a victim fails to file a claim within the allotted time granted by the car accident statute of limitations in Charlotte, it may be impossible to recover monetary damages for injuries.

To avoid having your claim thrown out because of the statute of limitations, reach out to an attorney to begin the filing process. To get started, schedule a consultation today.

What is the Statute of Limitations?

As defined by Charlotte law, the statute of limitations for a car accident case means that if a lawsuit is not filed before the end of the statute, the victim would no longer be able to file a claim no matter the level of validity. In North Carolina, it is three years from the date of the incident.

Some may believe that just because they hire a lawyer, they filed a lawsuit, or that they are getting a legal case, they have a lawsuit. That is not necessarily true. The attorney needs their permission to file the lawsuit, and it is the lawsuit and only the lawsuit that stops the statute of limitations. If an accident resulted in the death of the victim, the victim’s estate would have two years to file a lawsuit, not three.

Does the Statute of limitations differ for a Minor or Someone with Disabilities?

The statute of limitations could differ for a minor or someone with disabilities. As far as a minor is concerned, the statute of limitations does not start until the minor turns 18. It is three years after the minor turns 18, regardless of when the accident occurred. As far as a person with disabilities, if they were deemed to be competent, they could resume the statute of limitations.

What Happens if a Trial Exceeds the Statute of Limitations?

If the trial goes beyond the statute of limitations, or if a lawsuit was filed before the statute of limitations, there is no issue. It could sometimes take years to get a verdict. The lawsuit, the claim and the legal paperwork that should be filed, starts the lawsuit. That is the only thing that must be filed before the three years run.

Importance of Retaining Legal Assistance

It is recommended that someone retain the services of experienced attorney when dealing with issues that have to do with the statute of limitations because once it expires, a claim cannot be pursued. The stakes are very high, meaning that victims need to have an attorney that understands that they could not file a lawsuit within a week of the statute of limitations.

For help with avoiding your claim being impacted by the car accident statute of limitations in Charlotte, be sure to schedule a consultation today.