You could be entitled to compensation if you were recently injured by someone else’s negligence. The most common personal injury lawsuits are slips and falls, medical malpractice and car accidents in North Carolina.
Here are the laws and regulations, including damage caps, you need to know before pursuing your personal injury case.
North Carolina Statute of Limitations for Personal Injury Cases
How long do you have to file a personal injury lawsuit in North Carolina? Generally, you have up to three years to sue for damages from:
- motor vehicle accidents
- product and premises liability
- assault and intentional torts
- dog bites
- medical malpractice
In cases where injuries result in wrongful death, the statute of limitations is two years.
The discovery rule may extend the statute of limitations if the injury or illness wasn’t immediately apparent, typically applying to cases involving long-term exposure.
However, North Carolina law caps discovery, giving you only 10 years from the date of the injury to file for damages. Consult with an attorney to ensure your case meets these legal deadlines.
North Carolina Personal Injury Laws
In North Carolina, specific rules govern personal injury cases.
- Residency requirements. At least one party in the case must reside in North Carolina.
- Proving negligence. The burden of proof is on the defense to show that the injured party contributed to their injuries or illness.
- Damage caps. North Carolina caps noneconomic damages in medical malpractice cases at $656,730 and punitive damages at $250,000.
North Carolina law doesn’t cap compensatory damages and limits only pain and suffering settlements in medical cases.
In other cases, you can pursue noneconomic damages for diminished quality of life. To calculate pain and suffering damages, North Carolina law multiplies the cost of accident-related expenses, medical treatment and lost wages by a factor that varies depending on the severity of the injuries.
That said, you aren’t entitled to any damages if your own negligence led to the injury.
Contributory Negligence in North Carolina
North Carolina follows the contributory negligence rule. So, if you’re even slightly at fault for your injuries, you forfeit any right to sue the other party for damages.
There are different ways to challenge contributory negligence.
- Gross negligence. There was deliberate intention or reckless disregard that led to the injury.
- Proximate cause. The defendant’s actions directly caused the injury.
- Last clear chance. The injury could have been avoided if the defendant had taken reasonable care ahead of time.
Speak with a personal injury lawyer to discuss how contributory negligence could impact your settlement and explore the best approach for your case.
Personal Injury Settlement Considerations
Settling a personal injury case provides quicker resolution than a trial along with guaranteed compensation. When you settle a case, you agree to release the defendant from liability in exchange for financial compensation.
Your settlement is subject to medical liens, legal fees and taxes. In North Carolina, only punitive damages are taxable. However, a portion of the settlement covers attorney fees and medical costs before it’s distributed to you.
In North Carolina, personal injury settlements can be received in two ways: structured or as a lump sum.
Structured settlements provide payments over the long term. If you opt to receive it as a lump sum instead, the settlement is distributed to your attorney first, who pays any fees or liens before you collect your share.