“Statutes of limitation” govern the length of time one has to file a lawsuit or be forever barred from pursuing such claim. Under North Carolina law, different statute of limitations periods apply as to personal injury cases under various circumstances. In some cases, the statute of limitations may be as short as two years, while generally it is three years. However, there are many factors that bear upon when the applicable statute of limitations period expires including the age of the plaintiff, the type of personal injury claim, the particular facts giving rise to the injury, and others. One must make absolute certain that they are aware of when their statute of limitations period expires, or risk jeopardizing their legal rights. An experienced personal injury lawyer can be of assistance in this regard.
A potential claimant seeking the advice of an attorney should do so without delay.
In certain cases, there may also be other deadlines that may also impact the case. For example, some claims require specific notice to the insurance company. Furthermore, given that expert and legal analysis must be done prior to filing a lawsuit, you should not wait until the statute of limitations period is nearing its end because the attorney may not have enough time to complete his or her review prior to its expiration."
As a practical matter, you can only recover if the faulty party has available assets or insurance. In some instances, a faulty driver who does not carry his or her own insurance may nonetheless be covered by another person’s insurance policy. Additionally, if the faulty driver was acting during the scope of his employment at the time of the accident, he or she may be covered by his or her employer’s insurance.
If your own insurance policy provides you with “uninsured motorist coverage,” you may be entitled to compensation by your own insurance company if the faulty driver has no insurance. Given the complexity and nuances of these various insurance coverage issues, it is often advisable to seek the assistance of an attorney to determine the existence of insurance or other assets that may be available to satisfy your claim.