Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

NORTH CAROLINA

Negligence / Personal Injury

3 years from act or discovery, whichever comes first. SOR: 10 years.

Wrongful Death

2 years.

Medical Malpractice

3 years with Discovery Rule (1 year from reasonable discovery), SOR: 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. Minors: until age 19.

Malpractice (Other Professions)

3 years. SOR: 10 years.

Products Liability

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

Intentional Torts

3 or 1 year depending on type of case.

Fraud

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

Municipal Liability/Sovereign Immunity

2 years unless statute states otherwise. 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.

Discovery Rule

See specific rules above.

Comparative Negligence

No comparative negligence.

Charitable Immunity

Abolished.

Disabilities

Infants (18th 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. SOL does not run during absence or concealment of defendant.

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, whichever is greater.

Consumer Fraud Complaint

North Carolina Office of the Attorney General, Consumer Protection
http://www.ncdoj.com/consumerprotection/cp_about.jsp
(919) 716-6400
(877)5-NO-SCAM (Toll free consumer protection hotline)