North Carolina Personal Injury Laws and Statutes of Limitations

North Carolina Statutes of Limitations for Personal Injury Lawsuits

North Carolina has several statutes of limitations that cover different personal injury (PI) lawsuits. Starting with the state's three-year general rule, we summarize the deadlines you're most likely to encounter.

General Rule: Three Years From the Date Your Injury Is Apparent

In most PI cases, North Carolina law gives you three years to file your lawsuit in court. (N.C. Stat. § 1-52(5) (2024).) This is the statute of limitations that usually applies to cases involving:

• motor vehicle accidents
• dangerous or poorly maintained property (a "premises liability" claim)
• dangerous products (a "product liability" suit), and
• injuries caused by dog bites or animal attacks.

(Find out more about North Carolina premises liability laws.)

When the Statute Starts Running: North Carolina's "Discovery Rule"

North Carolina has adopted a version of the "discovery rule" to determine when the statute of limitations clock starts running. Specifically, N.C. Stat. § 1-52(16) (2024) says that unless a different rule says otherwise, your time to file a lawsuit runs from the earlier of the date your injury:

• becomes apparent, or
• should have been apparent to you, if you'd been reasonably careful to look for signs and symptoms.

So what does this mean? As a practical matter, in most cases the deadline clock will start on the date you're injured. Why? Because in most cases, you know right away you've been hurt—your injury is immediately apparent. Fall on an icy sidewalk and break your arm, for example, and the pain and other symptoms instantly let you know you've been injured.

Sometimes, though, your injury won't be apparent right away. This could happen, for instance, if you suffer long-term exposure to a dangerous chemical that makes you ill. Your symptoms might not appear for some time. Under those circumstances, the discovery rule might give you more time to file your case.

Here's the bottom line: When your injury isn't immediately apparent and you think you might benefit from the discovery rule, you'll need to rely on the advice of an experienced North Carolina lawyer. Expect the defendant (the party you're suing) to put up a real fight. And don't be surprised if the court is skeptical, too.

There's a Limit on Your Time to Discover an Injury

You don't have an unlimited amount of time to discover you've been hurt. North Carolina has other deadlines, called "statutes of repose," that put an absolute limit on your time to sue. The statute of repose runs whether you're aware of your injury or not.

In most cases, the latest the statute of limitations clock will start is 10 years after the last date the defendant did something to harm you. (N.C. Stat. § 1-52(16) (2024).) Some cases have longer or shorter statutes of repose. Your lawyer can tell you more.

Other North Carolina Personal Injury Statutes of Limitations

The three-year general rule doesn't apply in all personal injury cases. Here are some other statutes of limitations for specific kinds of lawsuits.

Intentionally-caused injuries. When someone deliberately or purposefully injures you, the law calls it an "intentional tort." N.C. Stat. § 1-52(19) (2024) puts a three-year deadline on these intentional torts:

• assault and battery, and
• false imprisonment.

Defamation of character. A false statement of fact about you that injures your reputation in the community is called "defamation." You don't have much time to file a defamation lawsuit—just one year from the date the defamatory statement is made. (N.C. Stat. § 1-54(3) (2024).)

(Learn more about North Carolina's defamation statute of limitations.)

Medical malpractice. In most cases, you have three years to file a medical malpractice lawsuit. The clock probably starts on the date of the malpractice. You might get more time, depending on the facts of your case. North Carolina's medical malpractice statute of repose is four years. (N.C. Stat. § 1-15(c) (2024).)

(Get more details on North Carolina's medical malpractice statute of limitations.)

Injuries resulting in death. When personal injuries cause death, the victim's estate has two years from the date of death to file a North Carolina wrongful death lawsuit. (N.C. Stat. § 1-53(4) (2024).)

Extending North Carolina's Personal Injury Statute of Limitations

North Carolina law recognizes a handful of situations when the statute of limitations filing deadline can be extended. Before you try to rely on one of these extensions, get advice from a North Carolina personal injury attorney.

Defendant is absent from North Carolina. The statute of limitations might not run for some period of time when the defendant:

• lived out of state at the time you were injured, or
• left North Carolina after causing your injury.

(N.C. Stat. § 1-21 (2024).)

Importantly, this extension only applies when, because of the defendant's absence, you're unable to file a personal injury lawsuit in North Carolina. Ask your lawyer if you'll be able to get "service of process" on the defendant while they're outside the state. If you can, you're not allowed to rely on this rule.

Injured person is legally disabled. Special rules apply when the person who's injured is legally disabled, meaning:

• a minor (younger than 18 years old)
• insane, or
• incompetent.

The statute of limitations probably doesn't start running until the legal disability is "removed." (N.C. Stat. § 1-17(a) (2024).)

This rule doesn't apply when a child is injured by medical malpractice. In that event, you'll want legal advice from a local personal injury specialist.

I Missed North Carolina's Statute of Limitations Deadline. Now What?

Miss the filing deadline for your case and, barring an extension that gives you more time, your case is dead. Nothing you do will bring it back to life. Try to file a lawsuit in court and it will be dismissed as untimely. In the eyes of the law, you no longer have a viable legal claim.