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Your Wilmington 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 New Hanover County sits in Wilmington, at 316 Princess St, Wilmington, NC 28401. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in Wilmington, it is reasonable to want a clear picture before you decide anything.
This page is general information, not legal advice. NeedAnAttorney.net matches people with attorneys and does not represent anyone. The legal points below come from North Carolina’s statutes, and the form at the top of the page is how you reach an attorney.
Before You Hire: Questions For A Wilmington 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)).
- If you were partly to blame. Ask what happens to your award if a jury finds you share the blame (Rash v. Waterway Landing Homeowners Ass’n (N.C. Ct. App. 2017)).
- Any ceiling. Ask whether any rule restricts the amount you could recover in North Carolina.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
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
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
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
If someone you love died because another person was careless or at fault, the law treats it separately. 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 Wilmington? Get matched with an attorney now.
How Fault Is Divided
In North Carolina, being partly at fault can bar a claim altogether. Rash v. Waterway Landing Homeowners Ass’n (N.C. Ct. App. 2017) sets the rule.
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)). Photographs, witness names and medical records help show where the fault lies.
Limits On What You Can Recover
The value of an injury claim in North Carolina depends on what the evidence shows. What you can recover turns on the bills, the missed work and the lasting effects.
The facts of your claim drive the amount. A separate rule limits punitive damages (N.C. Gen. Stat. 1D-25(b)).
Time Limits To Know
Most injury claims in North Carolina must be filed within three years (N.C. Gen. Stat. 1-52(5)). A child may have more time, and a few other limited situations extend the period too (N.C. Gen. Stat. 1-17(a)).
A wrongful death claim follows its own rules, so ask which date applies (N.C. Gen. Stat. 28A-18-2). If a government body may be responsible, the steps can differ (N.C. Gen. Stat. 143-291, 143-299, 143-299.2). Records fade and witnesses move, so an early start helps even well inside the limit.
What Auto Policies Must Cover
The minimum liability limits for a driver in North Carolina are $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 (N.C. Gen. Stat. 20-279.21(b)(2)).
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 Wilmington Claim
New Hanover County is the county the Census Bureau assigns to Wilmington. New Hanover County’s Superior Court District 6 superior court is listed in Wilmington, at 316 Princess St, Wilmington, NC 28401. Novant New Hanover Regional Medical Center in Wilmington appears on the state list of trauma centers as a Level II trauma center.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
How To Take The First Step In Wilmington
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in North Carolina. The form is free to use, and sending it does not mean you have hired anyone.
Until someone calls, make a simple record: what happened, the date and time, names of anyone who saw it, the treatment you have had, and the days you missed from work. Keep every bill and letter in one place.
Frequently Asked Questions
What paperwork helps an injury claim?
Start with the medical records and the bills. Add photographs of the scene and of your injuries. Pay stubs that show missed work, repair estimates and every letter or email from an insurer belong in the folder too.
How should I handle calls from the other insurance company?
Not right away. Saying that you want advice first is a reasonable answer. Before you sign anything, have someone review it.
What if the injury happened on public property?
There are special steps. Special claim or notice steps can apply (N.C. Gen. Stat. 143-291, 143-299, 143-299.2). The notice step can come before any lawsuit. Ask an attorney at once if a public body may be responsible.
Where do I start after an injury?
Seek medical attention before anything else. Report what happened to the police or the property owner as appropriate. Photograph the scene and your injuries, and write down what happened while you remember it.
Is there a time limit for an injury claim in North Carolina?
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.
Will my own mistakes ruin my injury claim?
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)). Ask how the rule would be argued in your case. Raise it early with any attorney you speak with.
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. Special rules can apply to particular kinds of claims. Keep every bill, because the economic part of a claim is proved by records.
What are the minimum auto insurance limits in North Carolina?
$50,000 per person, $100,000 per accident and $50,000 for property damage (N.C. Gen. Stat. 20-279.21(b)(2)). Several policies can apply to one crash. Before you accept a payment, check for every policy that may apply.
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