What is the statute of limitations for filing a motorcycle accident lawsuit?

The statute of limitations for filing a lawsuit following a motorcycle accident in North Carolina is three years from the date of the accident. This three-year period is the maximum amount of time that an individual has to take legal action and receive compensation for their losses. After the three-year period, the court will usually not grant the plaintiff any legal relief. An exception to this rule is if the plaintiff is under the age of 18 or if they can prove that they could not have reasonably discovered the injuries, their cause, or their legal rights within the three-year statute of limitations period. An injured party can also bring a suit against the negligent party within two years if the accident resulted in the death of a loved one. The two-year period begins from the date of the death, not the date of the accident. Furthermore, if an injured party is filing a lawsuit against a government entity, then they must file the lawsuit within six months from the date of the accident. This time limit is much more strict than the other statute of limitations for motorcycle accident lawsuits. Additionally, North Carolina has a discovery rule in which the statute of limitations does not begin to run until the injured party discovers or should have discovered that their injury was caused by the negligence of another. This means that a lawsuit can be filed any time before the three year mark if the injured party was unaware of the negligent action, such as a dangerous road condition, that caused the accident. Ultimately, the statute of limitations on filing a motorcycle accident lawsuit in North Carolina will depend on when the injured party discovers or should have discovered the underlying cause of their injury, when the death occurred, or when the government entity was responsible for the accident.

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