Remember that there is a limited amount of time to file a lawsuit in North Carolina if you have a claim for personal injury. The statute of limitations is what it’s called legally. This limits the liability of an individual so that they cannot continue to be at risk for a claim. Any person who has suffered a personal injury must file a claim as soon as possible. A claim filed later does not automatically block the case, but it gives the defendant the right to ask for a summary dismissal of the lawsuit by the court.
The statute of limitations, which is a procedural part of a court trial, is not something that most people are aware of when they have been injured. If the injured party does not have an attorney, they may miss the deadline, which could compromise a valid personal injury case before it has even had a chance to go through a trial in front of a jury or judge. This can be a frustrating aspect of the law and it is not uncommon for people to learn the hard way that they were disappointed when they relied on inadequate representation in a case.
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Success in civil litigation requires expertise. The typical trial involves more than the merits of the case or the substance of the argument. Both procedural and substantive aspects are involved. It’s both procedural and substantive. The importance of procedural laws cannot be overlooked. Mistakes ranging from submitting the wrong forms, to technical hearings about what evidence can be presented in court are all part and parcel of this law. must be able to successfully address this issue when is seeking legal justice . One of the most important aspects is the requirement to file a lawsuit within the time limit.
The law relates to the liability aspect. The law that is familiar to the average person is substantive law. Negligence, for example, is considered substantive law. It is this argument that is made to the jury in a court of law to convince them that one party is responsible to another. This is the basis of any lawsuit. Without a strong argument, a case may be dismissed or lose in a court decision. It doesn’t impact substantive law, but if it isn’t met, the party might never have a chance to present their substantive argument at trial. It’s no surprise that having an attorney who knows these elements, and how to protect their client from these avoidable risk is important.
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Should I wait if I have not heard from my insurance company by the time that the statute of limitation expires?
In general, plaintiffs have three years to file a personal injury lawsuit if they were injured within the last three years. Insurance companies are more likely to be sued, so it’s in their interest to make an injured person wait, especially if the statute of limitation has passed. The insurance company will then have one of its strongest legal defenses in court, if the lawsuit is filed later. It is in the plaintiff’s best interest to file the lawsuit early, even if it will ultimately be negotiated with the insurer. This gives the plaintiff an advantage in negotiations and ultimately at trial, if necessary. It also prevents the insurance company from being able to claim a procedural dismissal.
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In most cases, the type or severity of the personal injury claim does not affect the statute of limitation requirement. North Carolina does not have a specific three-year statute of limitations. This applies regardless of the type of injury, whether it is a car accident, dog bite or slip and falls.
Minors are one exception. If a minor is injured, the statute of limitation clock may be stopped until the plaintiff reaches the age of 18. After that, the 3-year deadline begins to run until it expires – essentially, when the plaintiff turns 21.
Another exception is when the plaintiff has not been informed of an injury. It can occur when the injury isn’t discovered until many years after it occurred. A plaintiff is generally allowed one year after discovery, but no more than three years. If the injury is caused by a foreign body left in a patient’s body, the lawsuit must be filed within one year of the discovery. However, it cannot be more than 10 years after the incident, whether or not the object was discovered.
As mentioned above, an exception can also be a risky thing to rely on. When a court challenges an exception in a procedural motion, the court can overrule it. The best way to avoid a legal challenge is to file your lawsuit as soon as possible and before the statute of limitation expires.
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Mr. Denton also has a strong understanding of procedural law. This means that he is able to handle cases without any problems, such as missing the statute of limitations deadline. Each detail and local court rule are validated and checked to ensure the success of any given case. This kind of expertise does not happen automatically, regardless of the legal education. It comes instead from training and practice in practical applications.
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No risk of late filing, missed deadlines, or delays. Mr. Denton’s strategy is to give his client the best legal position he can for a successful litigation for a personal injuries claim. This is the type of representation that people in North Carolina want when they are recovering from an injury.
The article Understanding the Statute of Limitations in Personal Injury Cases Asheville, NC first appeared on Attorney at Law Magazine.