Statutes of Limitations

It is important to act promptly to protect your legal rights. The law imposes various time limits and restrictions which limit the amount of time that an individual has to file a lawsuit. These time limits can end your right to bring a claim, even though you have been injured.

Therefore it is important to seek legal assistance and have your potential claim investigated and evaluated in a timely manner because of the potential for the claim to be barred after too much time has passed.

Many individuals have heard of “statutes of limitations” which may operate to bar a claim, but there may also be “statutes of repose,” and different statutes and time limits depending on where the accident, injury or illness occurred, where the victim resides, and other factors.

In addition, with the passage of time, memories of witnesses can fade and critical evidence may be lost, misplaced or destroyed. Accordingly, Wallace & Graham, P.A. advises you to act promptly to protect your legal rights.

Here are some examples of statute of limitations periods in North Carolina. Because the law continues to change and is often updated, we warn you not to rely on the time periods outlined below. Rather, please check with an attorney at our firm, if you have a question regarding a statute of limitations.

Personal injury – 3 years.

Breach of contract – 3 years.

Product liability -- 6 years.

Unfair debt collection practices – 1 year.

Unfair and deceptive trade practices – 4 years.

Asbestos exposure – the time period depends on the facts. There are several different time limits that may apply to asbestos exposure and disease claims. One factor is whether the claim is brought as a workers’ compensation claim, or as a negligence claim. Sometimes the Courts will allow a claim even though the asbestos exposure happened many years in the past. As a practical matter, if you have a workers’ compensation claim, you should file it as soon as you think you are suffering from an asbestos-related disease. Furthermore, you may have a claim against an asbestos manufacturer even if you were exposed many years ago. North Carolina law provides asbestos victims with special protection in some situations, since asbestos exposure might have happened upwards of 20 or 30 years before an asbestos disease is diagnosed. However, an asbestos claim should be filed promptly after the date your doctor tells you that you have an asbestos-related disease.

Because the law is constantly changing, if you have any questions about what time period may apply to you, we encourage you to call one of our attorneys at 1-800-849-5291.