NC Injury Laws & Statutory Rules

Every type of injury case in the state of North Carolina needs to adhere to certain laws and statutory rules. Here, our personal injury attorney in Wilmington NC explains more about the state's injury laws.

Personal Injury Statute of Limitations in North Carolina

The statute of limitation for a personal injury lawsuit is the amount of time you have to file your case after the event that caused the injury occurred. In North Carolina, N.C. Gen. Stat. section 1-52 grants an injured person three years after the date of their injury to file a lawsuit.

As a result, it is crucial to file a personal injury lawsuit within three years of your injury or else your case will be denied by the courts and you will lose your right to compensation.

Caps on Personal Injury Damages in NC

Like most other states, North Carolina has limits on the kinds and amounts of damages that can be awarded to an injured person in a personal injury case. A “cap” is the highest amount that can be awarded, regardless of the severity of the injury.

For instance, in medical malpractice cases, non-economic damages, like pain and suffering, have a cap of $500,000. This cap only applies to medical malpractice cases.

In all of the other types of personal injury cases in North Carolina, punitive damages cannot exceed $250,000 or three times the amount of the actual (compensatory) damages, whichever is greater. This is despite the fact that punitive damages are rarely awarded in personal injury cases in North Carolina.

Shared Fault Laws in NC

Some legal cases are considered “shared fault” cases. These are those cases in which both parties are at least partially at fault.

In North Carolina, shared fault cases follow a modified comparative negligence rule. This means that the amount of compensation an injured person is entitled to receive will be reduced by an amount determined to be equal to their percentage of fault. If the litigant is found to bear more than 50% of the legal blame, then they won't be eligible to collect anything from the other parties.

Dog Bite/Attack Liability in North Carolina

While many states have “one-bite” rules in place, which protect a dog owner the first time their dog bites or attacks someone, North Carolina does not. Instead, North Carolina law has a specific statute, N.C. Gen. Stat. Ann. § 67-4.4, that makes a dog owner strictly liable for the injury caused by his or her dog, even if it's the dog's first time biting someone.

Injury Claims Against North Carolina's Government

According to N.C. Gen. Stat. section 143-299, if you suffered an injury that was caused by a NC state government employee's negligent actions, then you have to file a case with the state's Industrial Commission within three years of the injury.

Need Personal Injury Representation in NC? Call Bain & Rodzik

If you were injured as a result of someone else's negligence, then call Bain & Rodzik's personal injury attorney in Wilmington NC today. There are specific laws and statutes that need to be followed, and we can ensure your case's paperwork is properly filled out and filed with the courts on time. Don't risk losing your eligibility to claim damages – get representation today.

Call Bain & Rodzik now at 910-762-1199 to schedule a free initial consultation with one of our experienced attorneys. With Bain & Rodzik, you don't pay us unless we win your case.