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Your Apex Personal Injury Attorney
The short answer. In North Carolina most injury claims must be filed within three years (N.C. Gen. Stat. 1-52(5) (three year period for personal injury); accrual and 10-year repose in 1-52(16)). The trial court for Wake County sits in Raleigh, at 316 Fayetteville St. Mall, Raleigh, NC 27601. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Apex was someone else’s doing, start with the basics below and go at your own pace.
Nothing on this page is legal advice, and NeedAnAttorney.net is not a law firm. It is a service that connects injured people with attorneys. The rules described here are quoted or summarized from North Carolina’s own statutes so that you can check them yourself.
Before You Hire: Questions For An Apex Attorney
Ask these in any first conversation:
- The date. Ask for the specific last day to file in your case. The general rule is three years (N.C. Gen. Stat. 1-52(5)).
- Any ceiling. Ask whether any rule restricts the amount you could recover in North Carolina.
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (Rash v. Waterway Landing Homeowners Ass’n (N.C. Ct. App. 2017)).
- The people. Ask who will be in touch with you and how quickly they return calls.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Common Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
Falls and unsafe property
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
Wrongful death
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. A wrongful death claim follows its own rules in North Carolina; ask an attorney which date applies (N.C. Gen. Stat. 28A-18-2). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Apex? Get matched with an attorney now.
Your Own Share Of The Blame
North Carolina follows a strict rule on shared fault. The source is Rash v. Waterway Landing Homeowners Ass’n (N.C. Ct. App. 2017).
A claim can be barred if you share any of the blame, with narrow exceptions in some cases (Rash v. Waterway Landing Homeowners Ass’n (N.C. Ct. App. 2017)). Insurers often press this point first, so keep notes about how the injury happened.
Limits On What You Can Recover
What an injured person can recover in North Carolina is shown by the records and the medical proof. What you can recover turns on the bills, the missed work and the lasting effects.
Ask an attorney which rules, if any, reach your case. Punitive damages are limited separately (N.C. Gen. Stat. 1D-25(b)).
Filing Deadlines For Injury Claims
A lawsuit for most injuries in North Carolina must be started within three years (N.C. Gen. Stat. 1-52(5)). Extra time can be available for a child and in some other limited situations (N.C. Gen. Stat. 1-17(a)).
A claim against a State department or agency is filed with the Industrial Commission and has its own claim steps, so ask early (N.C. Gen. Stat. 143-291, 143-299, 143-299.2). If someone died, a separate set of rules can apply (N.C. Gen. Stat. 28A-18-2). Ask in your first conversation which date applies to your claim.
Insurance Limits To Know
Under N.C. Gen. Stat. 20-279.21(b)(2), an auto liability policy in North Carolina must provide at least $50,000 for injury to one person, $100,000 for injury to two or more people in one accident and $50,000 for property damage.
When the other driver carries only the minimum and your injuries are serious, any other policy that applies becomes important. Before you accept a payment, ask your attorney to check for every policy that might apply, yours included.
The Court and Hospitals Behind a Apex Claim
The Census Bureau places Apex in Wake County. For Wake County, the North Carolina court directory shows the Superior Court District 10 superior court in Raleigh, at 316 Fayetteville St. Mall, Raleigh, NC 27601. In Durham County, the state list of trauma centers shows Duke University Hospital in Durham as a Level I trauma center. That list also names WakeMed Health & Hospitals in Raleigh, in Wake County, as a Level I trauma center. In Wake County, that list shows WakeMed Cary Hospital in Cary as a Level III trauma center.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
How To Begin Your Apex Claim
Start with the form at the top. It asks a few questions about the injury. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in North Carolina. Using it is free, and it does not create an attorney client relationship.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Can an insurer reduce my claim by saying I was partly at fault?
North Carolina answers this directly. A claim can be barred if you share any of the blame, with narrow exceptions in some cases (Rash v. Waterway Landing Homeowners Ass’n (N.C. Ct. App. 2017)). Insurers often raise this point first. An attorney can explain how the rule fits your facts.
How much can I recover for pain and suffering in North Carolina?
Pain and suffering is proved by the facts of your case, so ask which rules, if any, apply to your claim. The bills, the missed work and the lasting effects drive the amount. Punitive damages are limited separately (N.C. Gen. Stat. 1D-25(b)).
How low can the other driver’s liability limits be?
The least an auto liability policy can provide is $50,000 per person and $100,000 per accident for injuries, plus $50,000 for property damage (N.C. Gen. Stat. 20-279.21(b)(2)). A serious injury can cost more than the other driver’s policy pays. Keep the other driver’s insurance details from the day of the crash.
What paperwork helps an injury claim?
Start with the medical records and the bills. Take photographs of the injuries and of where it happened. Pay records, repair estimates and insurer emails should go in the same place.
Do I need to speak with the adjuster right away?
It is fair to say you are getting advice first. You can ask for questions in writing. An attorney can speak to the insurer for you.
What if a city, county or other government body caused my injury?
Possibly. Special claim or notice steps can apply (N.C. Gen. Stat. 143-291, 143-299, 143-299.2). The notice steps can differ from those for other claims. Write down the date and place of the injury.
Does my attorney need to be near Apex?
Many people prefer it. Someone who handles cases around Apex will know how the nearby courts and clinics operate. Use the form to reach an attorney who takes cases in your area.
When does the time to file an injury claim run out in North Carolina?
Within three years for most injury claims (N.C. Gen. Stat. 1-52(5)). A child can have extra time, and so can a few other limited situations (N.C. Gen. Stat. 1-17(a)). Write down the date of the injury now.
Help Elsewhere in North Carolina
The same matching service covers more of North Carolina. Pick the community closest to where it happened.
