North Carolina Personal Injury Laws

The cause of action does not accrue until bodily harm becomes apparent or ought reasonably to have become apparent. However, no cause of action may accrue more than 10 years from the last act or omission.

The statute of limitations is tolled until the minor turns 18, at which point the 3-year limitations period begins to run.

Wrongful death actions must be filed within 2 years of the date of death. The action is brought by the personal representative of the estate.

North Carolina does not cap compensatory damages in general personal injury cases.

Punitive damages are capped at the greater of 3 times compensatory damages or $250,000. No cap applies in DWI-related injury cases.

Filing fee is $200 in Superior Court for amounts over $25,000. District Court handles amounts $25,000 or less.

Cases are filed in the county where the injury occurred or where the defendant resides. No residency requirement for the plaintiff.

An exception to contributory negligence that allows a negligent plaintiff to recover if the defendant had the last clear opportunity to avoid the injury but failed to do so. Requires proof the plaintiff was in helpless peril and the defendant discovered or should have discovered this.

Wrongful death actions are brought by the personal representative of the estate. Damages are distributed to beneficiaries according to intestacy statutes, not the decedent's will.