North Carolina Personal Injury Statute of Limitations & Laws 2024

If you’ve been injured in North Carolina—whether by a car accident, defective product, or negligent healthcare provider—you may be wondering how the law protects your rights and how long you have to take legal action. It’s critical to understand the North Carolina personal injury statute of limitations to secure compensation for your injuries.

North Carolina Statutes of Limitations for Personal Injury Claims

The statute of limitations specifies a timeframe for submitting a claim. In North Carolina, this varies based on the kind of personal injury claim being pursued. The clock usually begins on the date of the injury, although the situation occasionally calls for a different starting point.

North Carolina gives you three years to file a claim for most personal injury cases—including motor vehicle accidents, premises liability (injuries on dangerous or badly maintained property), product liability (dangerous items), and dog attacks. Usually, the countdown starts on the day of the injury.

This date is quite important. Should you miss it, the court will most likely reject your case, thereby depriving you of compensation for other damages, lost pay, or medical expenditures.

The Discovery Rule

In some cases, you may not be immediately aware of your injury. North Carolina has adopted the “discovery rule,” which gives victims additional time if they couldn’t reasonably have known about the injury right away.

For example, if exposure to a hazardous chemical led to health problems that only became apparent years later, the statute of limitations might begin from the moment the injury was discovered—or should have been discovered. However, even with the discovery rule, there’s a limit on how long you have to file a claim.

Government-Related Injury Claims

There are certain rules that your claim must follow if you get hurt because of someone else’s carelessness when working for or with the government in North Carolina. These rules are set by the North Carolina State Tort Claims Act.

Personal injury claims have a three-year statute of limitations. Wrongful death claims, however, must be made within two years of the victim’s death. It is not the courts that are in charge of handling these cases but the state’s Industrial Commission.

Extending the Statute of Limitations in Special Cases

In a few specific situations, North Carolina law allows for an extension of the statute of limitations. Some of these situations include:

• The defendant is not in the state. If the individual or entity responsible for your injury is outside North Carolina and unavailable to be served, this can pause the statute of limitations until they come back. However, this doesn’t apply if you can serve the defendant with a claim while they are out of state.
• Legal disability. If the injured person is legally disabled, such as being a minor (under 18) or someone who is mentally incompetent, the statute of limitations will not start until the disability is removed, such as waiting until the individual is no longer a minor.

Contributory Negligence in North Carolina

There are only a few states that have the strict rule of contributory negligence. Because of this rule, you can’t get any money for damages if you are even 1% to blame for the accident or harm. Therefore, you need to show that the other person was completely 100% responsible for your injuries.

This is where an attorney comes in. They can analyze the situation and circumstances surrounding your case. Then, they can formulate a strategy to fight and negotiate on your behalf. Sometimes, the other party or their insurance company will try to argue that you were partially at fault to prevent you from obtaining compensation.

The contributory negligence rule is used in court cases, but insurance companies often take it into account when negotiating settlements, which can make the claims process more difficult.

Caps on Personal Injury Damages

North Carolina also imposes limits, or “caps,” on certain types of damages in personal injury cases:

• Medical malpractice. In medical malpractice cases, noneconomic damages, such as pain and suffering, are capped. These amounts are set each year and are typically adjusted for the current rate of inflation.
• Punitive damages. Punitive damages, which are meant to punish particularly reckless or outlandish behavior, are capped at a rate in proportion to the actual damages awarded. An attorney can inform you of the caps that apply to your specific situation.

FAQs

Q: What Is the Statute of Limitations for Filing a Claim in NC?

A: In North Carolina, the statute of limitations for most personal injury claims is three years from the date of the injury. This applies to cases like car accidents, slip-and-falls, and product liability claims. For wrongful death cases, the deadline is two years from the date of death. If you miss these deadlines, your right to file a claim and recover damages will likely be lost.

Q: What Happens If I Miss the Filing Deadline for My Personal Injury Case?

A: If you fail to file your claim within the allotted time, your case will most likely be dismissed, and you will not be able to seek compensation for the damages you have sustained as a result of your injuries. If you are considering filing a claim, it is recommended that you file as soon as you can. That way, you can account for any unexpected delays in the process.

Q: Can I Extend the Statute of Limitations?

A: In North Carolina, there are some situations where the statute of limitations can be extended. For example, if the person who was hurt is a child or mentally incapacitated, the clock may not start until the disability is taken away. The date could also be pushed back if the defendant leaves the state or can’t be reached in some other way. However, extensions aren’t common.

Q: Can I File a Claim If I’m Partially at Fault for My Injury?

A: Because North Carolina adheres to the contributory negligence rule, anyone who bears any fault in a personal injury incident is barred from receiving compensation for their losses. Therefore, you cannot get any compensation for your injuries if you are judged to be even one percent at fault for them. This rule is applicable both in the courtroom and frequently in insurance claims.

Contact Christina Rivenbark & Associates Today

If you have been injured due to the negligence of another party, we can help. Contact Christina Rivenbark & Associates today for more information.