What is the personal injury statute of limitations in North Carolina?

1. General Personal Injury

North Carolina imposes a 3-year SOL for personal injury under N.C. Gen. Stat. § 1-52(5), running from the date of injury.

2. Wrongful Death

N.C. Gen. Stat. § 1-53(4) imposes a 2-year SOL for wrongful death, running from the date of death.

3. Medical Malpractice

Under N.C. Gen. Stat. § 1-15(c), the SOL is 3 years from the last act of the defendant, with a 4-year statute of repose. Foreign-object cases have 1 year from discovery, capped at 10 years.

4. Discovery Rule

The discovery rule applies to latent injuries not reasonably apparent within the 3-year period (latent disease, professional malpractice).

5. Minor / Disability Tolling

N.C. Gen. Stat. § 1-17 tolls limitations during minority and incompetency. For medical malpractice, minors must sue by age 19, subject to the 4-year repose.

6. Government Defendant

The State Tort Claims Act (N.C. Gen. Stat. § 143-291) requires affidavit-based claims filed with the Industrial Commission within 3 years. Damages capped at $1 million per claim. Cities and counties retain governmental immunity unless waived by insurance.

7. Product Liability

N.C. Gen. Stat. § 1-46.1 imposes a 12-year statute of repose for products from the date of initial purchase.

8. Equitable Tolling / Fraudulent Concealment

Fraudulent concealment of a cause of action tolls the SOL until discovery; N.C. courts apply the doctrine narrowly.

9. Borrowing Statute

North Carolina lacks a true borrowing statute, but N.C. Gen. Stat. § 1-21 tolls SOL when a defendant is out of state and not subject to service.

This is legal information, not legal advice.