What If You Miss the Filing Deadline?

Filing a personal injury lawsuit after the three-year statute of limitations has expired is almost certain to result in the defendant filing a "motion to dismiss." Unless rare exceptions apply, the court will dismiss the case, forfeiting your right to seek damages, regardless of the severity of your injuries or the defendant's liability.

North Carolina's statute of limitations is important not only for pursuing a formal lawsuit but also for negotiating settlements, as exceeding the deadline weakens your negotiating position. Once the three-year limit has passed, your threat to go to court becomes an empty one.