What are the Statute of limitations in North Carolina?
If you believe another person or corporation has failed to carry out their legal duty towards you, you can file a civil suit against them. Civil suits can be filed in state and federal courts. Civil suits are filed in federal court if the person or entity violated a federal statute or constitutional right.
Statute of limitations
Regardless of whether you have filed a state or federal civil case there is a time limit to pursue legal remedy. If you wait too long to file your civil case and the statutory period has expired, unless you can prove a legal exception to the limit, you will have lost your right to receive compensation for your injuries or loss. Unfortunately, different civil cases have different statutes of limitations, and state laws vary.
Types of Civil cases and statute of limitations
Recently on our legal forum we had a user ask, “What is the statute of limitations for a civil case in North Carolina?” As mentioned above, the statute of limitations will vary depending on what type of case is filed. But we will discuss the most common cases and how long the plaintiff has to file each case.
Professional medical malpractice
In the state of North Carolina if you are injured due to the medical malpractice of a medical professional you have three years from the date of the action which caused the injury to file a claim. Because certain injuries are not discovered within three years, you also have two years from the date of discovery to file a claim, up to a maximum of four years from the date of the action. Interestingly, North Carolina makes an exception for items left in a patient’s body. In this specific case you will have one year from the date you discovered the object- up to a maximum of ten years from the date of the injurious action.
Personal injury in North Carolina
If you have been injured due to the negligence of another person you can also file a civil claim. All claims must be filed within three years from the date of the negligent action. If the injury is not apparent, you will have additional time from the date of discovery, but all claims must be filed within ten years from the date of the action, regardless of discovery.
Other common civil cases include defamation and slander, which must be filed within one year from the date of the action; product liability cases, which must be filed within six years from the day you purchased the product; breach of contract, which must be filed within three years; and fraud, which must be filed within 3 years from the date of action.
Contributory negligence in North Carolina
If you have been injured in North Carolina it’s important to talk to an injury lawyer. North Carolina is one of only four states that still adheres to the law of contributory negligence. Under contributory negligence law you may not be entitled to compensation for your injuries if you contributed to your injuries in any way.
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