One of the most important laws that you need to understand in relation to any personal injury case is the statute of limitations to file a lawsuit against the negligent party. This is a critical law to comply with if you suffered an injury in a slip and fall accident at a swimming pool or amusement park, or in any other type of premises liability accident. Waiting beyond this time limit could have dire consequences for your claim.
What Is the Statute of Limitations for Premises Liability Cases?
The statute of limitations is the time period you have to file a lawsuit. Every state has its own laws regarding the statute of limitations for different types of lawsuits. For example, the statute of limitations for filing a breach of contract lawsuit could be very different than for filing a slip and fall accident case. In North Carolina, the following statute of limitations rules will apply to premises liability cases:
- You must file your lawsuit in a premises liability case within three years.
- This three-year time period begins on the date of the accident that caused your injury.
What Happens If You Wait Longer Than Three Years to File Your Premises Liability Lawsuit?
If you fail to file your civil complaint before the statute of limitations expires, the consequences are severe. You lose your right to file your lawsuit. If you did file a complaint more than three years after your accident, it would most likely be dismissed by the judge. While your right to file a claim with an insurance company is not affected by this law, practically speaking, you would not be very successful in resolving your claim after this time period to sue ended. The claims adjuster would know that the statute of limitations had expired and would not be willing to settle your claim.
Even if the statute of limitations is years away in your premises liability case, you do not want to wait to contact an experienced premises liability attorney. Your attorney can complete a much more thorough investigation of your claim and build your case against the negligent party if you retain him soon after your accident.
If you or a family were hurt on another party’s property, the experienced premises liability attorneys at Tavss Fletcher are here to help you file your claim. To learn what your first steps are, call our office to schedule your free consultation.