NC Statute of Limitations
There is a limited time for a party to pursue most personal injury cases.
If a party is considering taking action after sustaining a personal injury, they must quickly. Depending on the circumstances, a party may lose their right to pursue compensation due to time limits outlined in the statute of limitations. The time to start legal proceedings varies from case to case and state to state.
The following are some general statute of limitations guidelines for North Carolina:
Personal injury — 3 years from the date the injury occurred
Injury to personal property — 3 years
Wrongful death — 2 years from the date of death
Cases involving minors — 3 years after the date of the minor's 18th birthday
Medical malpractice — 3 years from the date of the incident, generally.
****The exception under Medical malpractice cases in North Carolina lies under General Statute § 1‑15 which governs the personal injury statute of limitations. Under North Carolina law, a part has only three years from the date the medical mistake was made to file your claim against your healthcare provider. However,a party has up to two years from the date the party discovered the mistake to a maximum of four years if that party could not have discovered the injury right away. If a claim involves an object left inside of the body during surgery, a party has one year from the date of discovery and up to 10 years from the date the incident occurred. A child is permitted to file a claim within one year after turning 18 years old for a medical malpractice injury that happened while she or he was a minor.