Frequently Asked Questions in North Carolina

Accidents in North Carolina, whether they happen in a busy city like Charlotte or on a rural road, can leave you dealing with pain, stress, and uncertainty. If you’ve been injured, you may have questions about what to do next, how to protect your rights, and what resources are available. This page answers some of the most common questions asked by accident victims and their families throughout the state.

How long do I have to file a personal injury claim in North Carolina?

In most cases, you have three years from the date of your accident to file a personal injury lawsuit in North Carolina. For wrongful death claims, the deadline is two years from the date of death. If you wait too long, you may lose your right to compensation. Consulting a lawyer early helps you avoid missing critical deadlines.

What should I do after an accident in North Carolina?

First, check for injuries and call 911. Get medical care right away, even for minor injuries, and document everything. Take photos of the scene, get witness contact information, and file a police report. Save all records and receipts related to the accident.

Is North Carolina an at-fault or no-fault state?

North Carolina is an at-fault state. That means the person who caused the accident is responsible for covering damages. You can file a claim with their insurance or take legal action to recover compensation. However, fault must be clearly proven.

What is contributory negligence, and how does it affect my case?

North Carolina is one of the few states that still uses pure contributory negligence. If you are found to be even 1 percent at fault for the accident, you may be barred from recovering any compensation. This strict rule makes it especially important to have strong legal support for your case.

How can I get a copy of a police report?

You can request a copy of a police report from the agency that responded to the accident or through the North Carolina Department of Motor Vehicles. Visit https://www.ncdot.gov to find forms and instructions. You’ll need the crash date, location, and names of those involved.

What types of compensation are available in personal injury cases?

You may be entitled to compensation for medical bills, lost wages, property damage, pain and suffering, and emotional distress. If your injury is long-term or disabling, future medical care and lost earning capacity may also be included. Each case is unique and should be evaluated by a legal professional.

What if the driver who caused the accident is uninsured?

If the at-fault driver has no insurance, your own uninsured motorist (UM) coverage can help pay for your damages. UM coverage is required in North Carolina and is often included in auto policies. You can also sue the at-fault driver, though collecting payment may be difficult.

Can I sue a government agency in North Carolina?

Yes, but there are different rules for claims against government entities. You must file a notice of claim under the North Carolina Tort Claims Act, and strict deadlines apply. These cases often involve additional legal steps, so it’s best to consult a lawyer right away.

What if I was injured on someone else’s property?

If you were hurt due to a dangerous condition—such as a slippery floor or broken railing—you may be able to file a premises liability claim. Property owners have a duty to maintain safe conditions and warn about known hazards. You must show that their negligence caused your injury.

Who can file a wrongful death claim?

In North Carolina, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is often a family member, but not always. The compensation may benefit the surviving spouse, children, or parents.

Are there resources for accident victims in North Carolina?

Yes. Depending on your situation, you may qualify for Medicaid, food assistance, or temporary disability benefits. If your injury was caused by a crime, the North Carolina Crime Victims Compensation Fund may also help with medical costs and lost income.

What happens if my child is injured?

If a child is hurt in an accident, a parent or guardian must file a claim on their behalf. Compensation can cover medical expenses, emotional distress, and future care needs. While the law may allow more time to file, taking quick action helps build a strong case.

Do I need a lawyer to file a claim?

You’re not required to have a lawyer, but working with one can improve your chances of getting fair compensation. A lawyer understands the legal process, handles negotiations, and can represent you in court if necessary. Many personal injury lawyers in North Carolina work on a contingency basis, so you pay nothing unless you win.