What state you live in or suffer an injury in will dictate how your personal injury lawsuit plays out.
If your personal injury occurred in North Carolina, know that the state’s legal system will handle your personal injury case a little differently than others because of their “shared fault” rule.
How Does Shared Fault Work In Personal Injury Lawsuits In North Carolina?
What you were doing during your injury will dictate exactly how much money you can recover in your case. Even if an unsafe environment existed, the court might see you as responsible, depending on your decisions. For example, if you’re walking but talking on your phone, so you were distracted, the court may consider you at fault. Another example includes if you were somewhere on a property that the owner could reasonably assume you wouldn’t be or the owner clearly marked the area would be dangerous.
If shared fault existed, the court would determine and reduce your monetary compensation for the injury in proportion to your amount of responsibility in the accident. This rule is known as the “modified comparative negligence rule.” If your actions contributed to more than 50 percent of the reason the accident happened, the court would not grant you any compensation.
How Long Do I Have To File A Personal Injury Lawsuit In North Carolina?
Regardless of fault in a personal injury case, the injured party has three years from the date of the injury to file a lawsuit or the court will likely refuse to hear your case.
If you fail to file the lawsuit before the three-year deadline, and the court does hear it, the person you’re trying to sue will likely file a motion to dismiss your case.
Some rare exceptions to this rule exist, such as if the injured person has a “legal disability” at the time of the accident. In this case, the statute of limitations clock won’t start until the legal disability is lifted.
Legal disability can include someone who is considered clinically insane, incompetent, or under the age of 18 years old. So if the victim was 16 years old at the time of the accident, they’d have five years to file the lawsuit.
What Should I Do If I Suffered A Personal Injury In North Carolina?
If you suffered a personal injury in North Carolina, contact the Knox Law Center right away. Given the statute of limitations, it’s essential to start your legal case as soon as you’ve recovered from your injuries.
The Knox Law Center’s legal team has worked in North Carolina for decades and can provide you with the experience and knowledge necessary to have the best shot at winning your case.
We offer prospective clients complimentary consultations so you can understand the strategy we’d employ to defend you and help you on your road to recovery.