Deadlines to File an Injury Lawsuit in North Carolina
How long you have to sue in North Carolina for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions). N.C. Gen. Stat. § 1-52(5), (16)
| Deadline to sue for an injury | Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions). Source: N.C. Gen. Stat. § 1-52(5), (16) |
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| Deadline to sue for property damage | Three years for taking, detaining, converting or injuring personal property. For physical damage to property, the claim does not accrue until the damage becomes apparent or reasonably should have become apparent, with a 10-year outer limit from the defendant's last act. Source: N.C. Gen. Stat. § 1-52(4), (16) |
| Medical malpractice deadline | Three years from the defendant's last act giving rise to the claim. If the injury was not readily apparent and is discovered (or reasonably should have been) two or more years after that act, suit may be filed within one year after discovery, but never less than three years nor more than four years after the last act. For a foreign object with no therapeutic or diagnostic purpose left in the body, suit may be filed within one year after discovery, but no more than 10 years after the last act. Source: N.C. Gen. Stat. §§ 1-15(c), 1-52 |
| Wrongful death deadline | Two years; the claim accrues on the date of death. No wrongful death action may be brought if the person who died would have been barred, had he or she lived, by the personal injury or malpractice time limits. Source: N.C. Gen. Stat. § 1-53(4) |
| Suing the government | Tort claims against state departments and agencies are heard by the North Carolina Industrial Commission under the State Tort Claims Act. A claim must be filed with the Commission within three years after it accrues (or, for wrongful death, by the personal representative within two years after the death). The state may pay no more than $1,000,000 cumulatively to all claimants for injury to any one person from one occurrence. Recovery requires that the claimant not be contributorily negligent. Cap: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_143/GS_143-299.2.html |
More North Carolina personal injury & wrongful death
- Wrongful Death Lawsuits in North Carolina
- Medical Malpractice Rules in North Carolina
- Car Accident Claims in North Carolina
- Dog Bite Liability in North Carolina
- Slip, Trip and Fall Injuries in North Carolina
- Sidewalk and Public Property Falls in North Carolina
- Motorcycle Accident Claims in North Carolina
- Pedestrian Accident Claims in North Carolina
- Bicycle Accident Claims in North Carolina
- Uber and Lyft Accident Claims in North Carolina
- Truck Accident Claims in North Carolina
- Construction Site Injuries in North Carolina
- All North Carolina personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in North Carolina?
Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions).
How long do you have to sue for property damage in North Carolina?
Three years for taking, detaining, converting or injuring personal property. For physical damage to property, the claim does not accrue until the damage becomes apparent or reasonably should have become apparent, with a 10-year outer limit from the defendant's last act.
What is the statute of limitations for medical malpractice in North Carolina?
Three years from the defendant's last act giving rise to the claim. If the injury was not readily apparent and is discovered (or reasonably should have been) two or more years after that act, suit may be filed within one year after discovery, but never less than three years nor more than four years after the last act. For a foreign object with no therapeutic or diagnostic purpose left in the body, suit may be filed within one year after discovery, but no more than 10 years after the last act.
How long do you have to file a wrongful death lawsuit in North Carolina?
Two years; the claim accrues on the date of death. No wrongful death action may be brought if the person who died would have been barred, had he or she lived, by the personal injury or malpractice time limits.
How do you file an injury claim against the government in North Carolina?
Tort claims against state departments and agencies are heard by the North Carolina Industrial Commission under the State Tort Claims Act. A claim must be filed with the Commission within three years after it accrues (or, for wrongful death, by the personal representative within two years after the death). The state may pay no more than $1,000,000 cumulatively to all claimants for injury to any one person from one occurrence. Recovery requires that the claimant not be contributorily negligent.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.