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North Carolina Personal Injury Laws

North Carolina Personal Injury Laws

In This Section:

North Carolina personal injury law can vary from personal injury laws in other states. Below are the most common personal injury laws in the state of North Carolina. Talking to an injury lawyer, who understands North Carolina injury law, can be a good step towards filing a successful North Carolina personal injury claim.

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North Carolina Statute of Limitations

(How long do I have to file accident claims in North Carolina?)
The North Carolina statute of limitations for filing personal injury claims is 3 years from the date the injury occurred or the date of reasonable discovery. All injury claims, however, must be filed within 10 years from the date of the injury, regardless of the date of discovery.

The North Carolina medical malpractice statute of limitations is 3 years from the date of injury or 2 years from the date of discovery, but all cases (with the exception of objects left in the body) must be filed within a maximum of 4 years from the date of action. If there was a foreign object left in the body the claim must be filed within 1 year from the date the object is found, up to a total of 10 years from the date of action.

Product liability claims in North Carolina must be filed within 6 years from the product purchase date. These statutes for North Carolina injury claims are subject to change, contact a North Carolina injury attorney for definitive statutes at the time of your accident or injury.

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Car Accidents in North Carolina?
North Carolina = Fault State

North Carolina has adopted a fault-based car accident liability system. Compensation is generally paid from the guilty party's insurance company. If compensation is insufficient, a driver may have the right to file an injury claim to recover compensation for pain and suffering, medical costs and lost wages.

North Carolina is a Pure Contributory Negligence rule

North Carolina is one of only 5 states which use the pure contributory negligence system. Under this system if you are even 1% at fault for your injuries you will be unable to recover damages in a personal injury claim.

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Are there Damage Caps in North Carolina Injury Law?

(How much can I get for my injuries?)
Under North Carolina's Noneconomic Damages Reform: SB 33 (2011); N.C. Gen. Stat. § 90-21.19 medical noneconomic damages are limited to $500,000. Starting January 1, 2014, the amount may be adjusted based on the Consumer Price Index. Exceptions exist for loss of body, death or disfigurement or if the defendant's acts or failures were committed in reckless disregard of the rights of others, grossly negligent, fraudulent, intentional or with malice.

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