One of the most important things every accident victim needs to know is the statute of limitations that applies to their case. The statute of limitations is the legal deadline for filing a lawsuit. If you miss this deadline, you permanently lose your right to sue, no matter how strong your case may be.

At Dr. Ted Injury Law, we serve clients in three states, and each state has its own statute of limitations for different types of personal injury claims. This guide provides a comprehensive overview of the filing deadlines you need to know.

North Carolina Statutes of Limitations

  • Personal injury: 3 years from the date of injury (N.C.G.S. section 1-52)
  • Wrongful death: 2 years from the date of death (N.C.G.S. section 1-53)
  • Medical malpractice: 3 years from the date of the last act giving rise to the claim, with an outer limit of 4 years from the date of the last act (N.C.G.S. section 1-15)
  • Product liability: 6 years from the date of the initial purchase or 3 years from the date of injury, whichever is shorter
  • Property damage: 3 years from the date of the damage

South Carolina Statutes of Limitations

  • Personal injury: 3 years from the date of injury (S.C. Code section 15-3-530)
  • Wrongful death: 3 years from the date of death (S.C. Code section 15-3-530)
  • Medical malpractice: 3 years from the date of discovery or when it should have been discovered, with an outer limit of 6 years from the date of the act (S.C. Code section 15-3-545)
  • Product liability: 3 years from the date the claim accrues
  • Property damage: 3 years from the date of the damage

Georgia Statutes of Limitations

  • Personal injury: 2 years from the date of injury (O.C.G.A. section 9-3-33)
  • Wrongful death: 2 years from the date of death (O.C.G.A. section 9-3-33)
  • Medical malpractice: 2 years from the date of injury, with an outer limit of 5 years from the date of the act (O.C.G.A. section 9-3-71)
  • Product liability: 2 years from the date of injury, with a 10-year statute of repose from first sale
  • Property damage: 4 years from the date of damage (O.C.G.A. section 9-3-30)

Exceptions and Special Circumstances

There are several important exceptions that can extend or shorten the statute of limitations:

  • Minors: In all three states, the statute of limitations is generally tolled (paused) for minors until they reach the age of 18, at which point the normal deadline begins to run.
  • Discovery rule: For injuries that are not immediately apparent, the statute may not begin to run until the injury is discovered or should have been discovered through reasonable diligence.
  • Government claims: Claims against government entities often have shorter notice requirements and deadlines.
  • Mental incapacity: The statute may be tolled for individuals who are mentally incapacitated at the time of the injury.

Do Not Wait

Even though the statute of limitations may give you years to file a lawsuit, it is always best to consult with an attorney as soon as possible after an injury. Evidence can be lost, memories can fade, and witnesses can become difficult to locate. The sooner you take action, the stronger your case will be.

Contact Dr. Ted Injury Law at (800) 555-HURT to ensure your rights are protected within the applicable deadlines.