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North Carolina Statutes of Limitations

Negligence/Personal Injury

Statute of Limitations: 3 years from act or discovery, whichever comes first. [SOR, however, sets maximum period for suit to be commenced at 10 years from the occurrence.]

Products Liability

SOR: 6 years maximum from date of initial purchase by consumer

Wrongful Death

Statute of Limitations: 2 years

Municipalities

Statute of Limitations: 2 years unless statute states otherwise.

Medical Malpractice

Statute of Limitations: 3 years with Discovery Rule (2 years from discovery), but no more than 4 years from last act, unless foreign object, then 1 year from discovery, never more than 10 years. 1 year if discovered 2 or more years after occurrence

Intentional Torts

Statute of Limitations: 1 year

Fraud

Statute of Limitations: 3 Years, time running from discovery of acts constituting fraud or mistake.

Discovery Rule

See specific rules above.

Disabilities

Infants (18 th birthday + 3 years maximum), incompetents, or insane persons granted normal SOL upon removal of disability, except in malpractice where if infant, maximum is age 19.

Comparative Negligence

No comparative negligence.

Charitable Immunity

Abolished.

Sovereign Immunity

For torts, common law rules govern, but immunity may be waived by cities, counties, board of education, and community colleges by purchasing liability insurance. Then recovery permitted to extent of insurance coverage. As to State, recovery limited to $150,000.

Punitive Damages

May be awarded in discretion of jury where defendant is liable for compensatory damages and aggravating factor of fraud, malice, or willful, wanton conduct is present.

Cap: Three times compensatory damages or $250,000.

Consumer Fraud Complaint:

North Carolina Office of the Attorney General, Consumer Protection
http://www.ncdoj.com/consumerprotection/cp_about.jsp
(919) 716-6400

Contact Us:
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com

NOTE: Parker & Waichman, LLP has made every effort to provide accurate, up-to-date information. However, statutes in each jurisdiction may be amended, repealed, modified, or otherwise changed at any time by the legislature of that jurisdiction. In addition, the courts of each state may clarify statutes or declare them unconstitutional. The United States Supreme Court may also declare state statutes unconstitutional under certain circumstances. All of these possibilities, and more, create the potential for any of the information provided herein to change, without notice, at any time. As a result, the information on this website should be used as a general reference and for comparison purposes only and should not take the place of a timely consultation with an attorney. You may also want to consult the local Bar Association in the state or jurisdiction in which you plan to pursue a legal action. For a free and confidential consultation with one of our attorneys, please click here to fill out a short form.

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