How Statutes of Limitations Work in North Carolina

Defendants in personal injury cases have many defenses available to them. For example, that a plaintiff has failed to prove one or more of the elements of negligence in their claim is a fairly simple defense tactic. Or, perhaps, the defendant might argue that an injured plaintiff voluntarily assumed the risk of injury when he engaged in the activity that led to the injury. One of the most mundane — though no less effective — defenses in personal injury cases is to argue that the plaintiff’s claim is barred by a statute of limitations. If you are facing a claim you believe is past its expiration date, you should consider speaking to one of our North Carolina personal injury defense attorneys. 

The Purpose of Statutes of Limitations 

Statutes of limitations are arbitrary cutoff points after which a plaintiff is barred from bringing a claim, even if the claim is otherwise meritorious. When invoking a statute of limitations defense, the defendant is not necessarily disputing the accuracy of the plaintiff’s claim, but only that the clock has run out on the plaintiff’s right to bring the claim. Statutes of limitations have an ancient history and serve the following purposes: 

• Encourage diligence by plaintiffs: Statutes of limitations encourage plaintiffs not to delay their claims or unreasonably drag out their pre-suit diligence, which is in the interests of judicial efficiency. 
• Ensures the reliability of evidence: Potential litigants do not hang onto evidence forever. Both physical evidence and digital evidence can be lost, destroyed, deleted, spoiled, stolen, or otherwise rendered unreliable. The more time that passes after the events giving rise to the litigation, the less likely it is that crucial evidence will be preserved, retrievable, and usable. 
• Ensure the accuracy of witness testimony: The testimony of witnesses is often crucial in personal injury cases, but time has a way of rendering memories fuzzy. Statutes of limitations can help to ensure that witnesses stick to fresh facts and refrain from veering off into hazy conjecture. 
• Minimize prejudice to defendants: Statutes of limitations minimize unfair prejudice to defendants by preventing delay and removing the threat of litigation from hanging over their heads indefinitely. 

Please contact one of our North Carolina personal injury defense attorneys for questions about how to wield statute of limitations defenses in North Carolina. 

Statutes of Limitations in Personal Injury Cases 

There are different statutes of limitations for different types of legal claims, and the length of those statutes of limitations varies from state to state. In North Carolina, the statute of limitations for civil cases generally is three years. Let’s take a closer look at North Carolina’s statutes of limitations for the various types of personal injury claims below. 

Personal Injury Cases 

For personal injury cases in North Carolina, the statute of limitations is three years and begins to accrue when bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever occurs first. 

Medical Malpractice Cases 

Medical malpractice cases in North Carolina are also bound by the three-year statute of limitations, which, under N.C. Gen. Stat. § 1-15 begins running at the time of the occurrence of the last act of the defendant (i.e., healthcare professional), giving rise to the cause of action. In cases where the injury is not apparent right away — known as “latent injuries” — the plaintiff must file a claim within one year of discovery of the injury but no more than four years after the date the injury was caused. In cases where a foreign object was left inside a patient’s body, the plaintiff must file a claim within one year of discovery of the object but no more than 10 years after the date the time was left in the body. 

Wrongful Death Cases

The statute of limitations for wrongful death claims in North Carolina under N.C. Gen. Stat. § 1-53 is two years and begins running on the date of the decedent’s death. However, in cases where the decedent would have been barred from bringing a personal injury action for bodily harm had he lived, a wrongful death claim is also barred. 

Products Liability Cases

Products liability claims in North Carolina are generally bound by the three-year statute of limitations on the same basis as all other personal injury claims. 

Exceptions to Statutes of Limitations 

As with most areas of the law, there are exceptions to statutes of limitations, which our North Carolina personal injury defense attorneys go over below. 

The Discovery Rule

It’s not always obvious when an injury occurs. For example, after a car accident, the injuries may not become apparent until years later, after which time the three-year statute of limitations has run. However, North Carolina’s personal injury statute of limitations accounts for this phenomenon by starting the clock when the injury “becomes apparent or ought reasonably to have become apparent.” This is known as the “discovery rule” and can prolong the period of liability risk for defendants. 

Statutes of Repose 

The extra time the discovery rule allows is not unlimited. Under various statutes of repose, plaintiffs may not pursue personal injury claims beyond a certain point after the date of the events giving rise to the litigation. In North Carolina, the statute of repose is 12 years for products liability claims, four years for medical malpractice claims, and 10 years for all other personal injury claims. 

Minors 

The three-year statute of limitations for personal injury actions involving minors does not begin to run until the minor reaches the age of 18, meaning that plaintiffs injured as children may pursue personal injury actions until they are 21. 

Beat Personal Injury Claims With Help From a North Carolina Personal Injury Defense Attorney

For more information about invoking a statute of limitations defense in a personal injury claim, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby by calling 252-638-6666 or using our online contact form.