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North Carolina
Personal
Injury Law
The following summary of North Carolina personal injury laws and
theories of liability will help you understand important aspects of
injury claims in this state.
North Carolina Statute of Limitations:
Personal
Injury: For personal injury, the statute of limitations is
3 years for negligent
conduct up to a maximum of 10 years.
Medical
Malpractice: 3 years for all general medical malpractice
claims up to a maximum of 4 years; and 2 years for claims due
to a foreign object up to a maximum of 10 years.
Products
Liability: 6 years from the date of purchase.
Caps on Personal Injury Awards in North Carolina:
There are no caps on damage awards in the state of North Carolina.
North Carolina Serious Injury Threshold:
There is no serious injury threshold in the state of North Carolina.
North
Carolina is a Fault state and follows the pure
contributory negligence system. This means that if the plaintiff is at
fault at all, they are barred from recovering any damages.
Personal Injuries & Case Types in North
Carolina:
Auto
Accident Claims: If a driver negligently operates his or her
vehicle and injures another, whether it is a passenger, a pedestrian or
another vehicle, the negligent driver will be liable to cover the
damages of the injured party. This is limited significantly by
the pure contributory negligence system which does not allow a
plaintiff to recover if they contribute to the accident at all.
Product
Liability Lawsuits: Products must be safe and defect free
before consumers are permitted to use and purchase them. If an injury
occurs as a result of design, manufacture or distribution
defect, all those in the chain may be held strictly liable.
Wrongful
Death Cases: If an individual dies as the result of another’s
negligence, whether the negligence is the result of premises liability,
an auto accident or medical malpractice, the negligent party will be
liable to the estate of the victim.
Slip and Fall Accidents:
Property owners are required to keep their property in a condition free
of known dangers or those that they would reasonably discover by means
of a regular inspection. If a party is injured due to a dangerous
condition, the property owner will be liable under the theory of
premises liability.
Workers'
Compensation Law: Employees are protected against on-the-job
injuries by creating a compulsory workers compensation system whereby
employers are required to maintain insurance in the event of injury.
Medical Malpractice Claims:
Medical providers and hospitals who perform medical services below the
standard of care expected in the community can be held responsible for
the damages of an injured patient.
For More
Information Check out these sites:
Official
North Carolina State Website
North
Carolina Insurance Department
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