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How much time do I have to file a personal injury claim?

After you have been injured in an accident, your first priority is getting medical attention. That can take a lot of your time and energy. After you return home, you may find it overwhelming just trying to return to something resembling your pre-injury life. In cases involving serious, permanent injury, it may actually be impossible to return to what you used to consider normal.

With all that you're dealing with, it's certainly understandable if you don't feel in a hurry to talk to a personal injury attorney. However, it's wise to start learning about your legal rights and options as soon as you can.

One pressing reason to talk to a lawyer sooner rather than later: the statute of limitations. Under North Carolina law, a plaintiff has three years after the injury in which to file a personal injury claim. After that, the plaintiff may be barred from making a claim.

There are exceptions. For instance, sometimes in medical malpractice or defective drug cases, a court may find that the three years began tolling the day the injury was discovered, rather than the date of the injury itself. However, the three-year limit applies in the vast majority of cases.

It's also important to note that you don't necessarily have to be ready to go to trial the day you file your claim. Lawsuits take time, and it takes time to assemble a case. You just don't want to wait too long to make that claim.

If you have been injured, or if someone in your family has been injured, in an accident caused by another party's negligence, talk to a lawyer about your case and your options for recovering compensation.

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"John is a great lawyer who works super hard for his clients. The results he obtains for his clients are phenomenal." - Brian Davis

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John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

  • Rated by | Super Lawyers | John M. McCabe |
  • Avvo Rating 10.0 superb | Top Attorney Personal Injury
  • National Association of distinguished counsel | Nation's Top one percent 2017 | NADC
  • The Verdict Club | VC | Premier Trial Lawyers
  • Best Law Firms in North Carolina 2018
  • Nations's Premier | Top Ten Attorney Personal Injury | NAOPIA
  • 2014 | Litigator Awards | Ranked Top 1% of Lawyers
  • Best Lawyers | Best Law Firms | 2020

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The Law Offices of John M. McCabe, P.A.
1130 Kildaire Farm Road
Suite 230
Cary, NC 27511

Toll Free: 877-320-1851
Phone: 919-899-9852
Fax: 919-833-3371
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