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What is the statute of limitations in North Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

North Carolina civil limitations are codified in N.C.G.S. Chapter 1, Articles 5-8.

1. Personal Injury — 3 Years

N.C.G.S. § 1-52(16): For personal injury or physical damage to claimant's property, the cause of action shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent — 3 years.

2. Written Contract — 3 Years

N.C.G.S. § 1-52(1): Upon a contract, obligation or liability arising out of a contract, express or implied — 3 years. Contracts under seal: 10 years (§ 1-47(2)).

3. Oral Contract — 3 Years

Same 3 years under § 1-52(1).

4. Property Damage — 3 Years

N.C.G.S. § 1-52(4): For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery — 3 years. Real property trespass: 3 years (§ 1-52(3)).

5. Fraud — 3 Years (Discovery Rule)

N.C.G.S. § 1-52(9): For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake — 3 years.

6. Medical Malpractice — 3 Years / 4-Year Repose

N.C.G.S. § 1-15(c): A cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant; 3 years from accrual; in no event more than 4 years from the act or omission. Foreign objects discovered later: 1 year from discovery, max 10 years.

7. Wrongful Death — 2 Years

N.C.G.S. § 1-53(4): Actions for wrongful death must be brought within 2 years of death.

8. Other Notable Periods

  • Defamation: 1 year (§ 1-54(3)).
  • Judgments: 10 years (§ 1-47(1)).
  • UCC sale of goods: 4 years (N.C.G.S. § 25-2-725).
  • Action against state under Tort Claims Act: 3 years, must be filed with Industrial Commission (§ 143-299).
  • Construction defect: 6-year repose (§ 1-50(a)(5)).

    • 9. Tolling

    N.C.G.S. § 1-17 tolls for minority (under 18) and incompetency.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have a sealed contract (10-year period)
    • You suspect a foreign object was left during surgery
    • You have a construction defect approaching 6-year repose
    Related Statutes & Laws
    • N.C.G.S. § 1-52
    • N.C.G.S. § 1-53
    • N.C.G.S. § 1-15
    • N.C.G.S. § 1-47
    • N.C.G.S. § 1-17

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.