NORTH CAROLINA STATUTE OF LIMITATIONS

Statutes of Limitation restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; those related to Personal Injury, Medical Malpractice, and Products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Personal Injury Actions
These actions must be brought within three years of the date when bodily harm caused by a negligent act is apparent or should have been apparent, whichever occurs first. In no event can suit be filed more than 10 years after the act giving rise to the injury occurred.

Medical Malpractice Actions
In North Carolina, a cause of action for medical malpractice accrues at the time of the occurrence of the last act giving rise to the injury. Suit must be filed within three years of this date or two years after the date the injury was, or should have been, discovered. In no event can a person bring a medical malpractice action more than four years after the last act giving rise to the injury occurred.

Medical Malpractice Actions Based on the Insertion of a Foreign Object
These actions must be filed within one year of the date of discovery of the foreign object or within one year when the object should have been discovered. In no event can a person file suit for insertion of a foreign object more than 10 years after the last act giving rise to the object’s insertion occurred.

Products Liability Actions
In cases of personal injury caused by a defective product or a product failure, the plaintiff cannot file suit more than six years from the date of the initial purchase of the product.

Special Rules for Minors
A minor must file suit within three years of his or her 18th birthday, and at no time thereafter.

The materials at this web site have been prepared by LexisNexis for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.

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