North Carolina · Motorcycle accident · Updated
Motorcycle accident cases in North Carolina: the rules and the lawyers
The deadline to file, the fault rule and the other North Carolina rules that matter for a motorcycle accident case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in North Carolina that take motorcycle accident cases yet.
At a glance
Checked 7 Nov 2026 · Not legal advice
Deadline to file
3 years
In North Carolina, most injury lawsuits must be filed within three years. The clock starts when the harm becomes apparent, or should have1.
If you were partly at fault
Contributory negligence
In North Carolina, if your own carelessness helped cause the injury, you can be barred from recovering anything.
Firms we list
0 firms
None yet for motorcycle accident cases.
Know this first
Step 1: Three years to file in court
3 years(2 for a death)
In North Carolina, most injury lawsuits must be filed in court within three years1. The clock starts when the harm “becomes apparent or ought reasonably to have become apparent”, whichever comes first1. Often that is the day you were hurt, but not always.
There is also an outer limit. In most cases a claim can’t start more than 10 years after the last act that caused the harm1.
If someone died, a wrongful-death claim has two years, counted from the day of the death2. It is brought by the person in charge of the estate3.
Some claims have other periods. The list of North Carolina deadlines below gives the exceptions with the statute text.
The law, as written
Some claims have different or shorter deadlines. Ask any firm you call which one applies to you.
Personal injury3 years
In North Carolina, an action “for personal injury” must be brought within three years1, and the cause of action “shall not accrue until bodily harm to the claimant … becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs”1.
More detail
Repose: in North Carolina, “no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action,” except as G.S. 130A-26.3 and G.S. 1-17(d)–(e) provide1.
Assault, battery and false imprisonment also carry three years in North Carolina1; libel and slander carry one year4.
Wrongful death2 years from death
In North Carolina, a wrongful-death action under G.S. 28A-18-2 must be brought within two years, and “the cause of action shall not accrue until the date of death”2.
Know this too
Step 2: If you were partly at fault, you may get nothing
Most states cut your money by your share of the fault. North Carolina is one of the few that doesn’t. If your own carelessness helped cause the injury, you can be barred (shut out) from recovering anything.
- Damages the court finds
- $100,000
- Your carelessness did not help cause the harm
- You can recover $100,000
- Your carelessness helped cause the harm
- You may recover $0
These numbers only show how the rule works. They are not typical amounts. In a state with a 51% rule, a small share of fault would only lower the amount.
- An exception: “last clear chance”The state’s Supreme Court recognizes an exception called last clear chance. It can let a careless injured person still recover5. Whether it fits your facts is a question for a lawyer.
- ProductsTake a claim about a faulty product. The maker or seller is not liable if you didn’t use the product with reasonable care and that helped cause the injury6.
Be careful what you say about fault
Because any share of blame can matter so much here, don’t guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
If a government body was involved
Step 3: Claims against the state or a city
If a State department or agency caused the harm, the claim doesn’t go to an ordinary court. It is filed with the North Carolina Industrial Commission7.
- Three years, or two for a deathThe claim must be filed with the Industrial Commission within three years. For a death, it is two years from the death8. After that it is “forever barred”.
- The same strict fault ruleThe Commission awards money only if there was “no contributory negligence” by the injured person7. The State has to prove that you were careless9.
- A limit on what the State paysThe State pays at most $1,000,000 in total for injury to any one person from one event, less some insurance10.
Cities and counties are different. They can be sued only as far as they have bought liability insurance or set up something like it1112. The state laws we read set no general deadline to notify a city.
Find out early
If a bus, police car, city truck, public road or public building was part of what happened, ask a lawyer soon. They can check where the claim goes and whether a notice is due.
The law, as written
Claims against the State3 years (2 for death), Industrial Commission
In North Carolina, a tort claim against a State department, institution or agency is “forever barred” unless filed with the Industrial Commission within three years after accrual, or, for wrongful death, within two years after the death8. The Industrial Commission is the “sole and exclusive forum” for negligence claims against State officers, employees and agents acting within the scope of their duties7.
Claims against cities and countiesNo general notice-of-claim statute
In North Carolina, a city or county waives governmental immunity for governmental-function torts only to the extent it has bought liability insurance, joined a risk pool or adopted a funded-reserve resolution1112.
More detail
A North Carolina city of 500,000 or more may instead waive immunity under the State Tort Claims Act by resolution; claims then go to superior court, and the Tort Claims Act's three-year limit and its payment cap apply13. That cap is $1,000,000 for all claims for injury to any one person from one occurrence10.
If you were hurt in a car crash, or hit while walking
Step 4: Car crashes: the other driver’s insurance and your own
In North Carolina, a car can’t be registered without proof of “financial responsibility”, and the owner must keep it up while the car is registered14. After a crash, you usually claim against the driver at fault, and that driver’s insurance pays, up to its limits.
The minimum is $50,000 for one person hurt or killed, $100,000 for two or more people, and $50,000 for damage to property, in one crash1516.
- Every policy has cover for drivers with no insurance, or too littleThis is called uninsured and underinsured motorist cover. A North Carolina car policy must include both. The uninsured cover also covers hit-and-run drivers16.
- How muchThe cover matches the highest injury limit on any one car on your policy, up to $1,000,000. A named person on the policy can buy more or less. Uninsured cover can’t go below the minimums above, and underinsured cover must match the uninsured cover16. Your insurer must tell you this when the policy starts and each time it renews16.
- At the scene: stopIf you were driving in a crash, stop right away. If someone was hurt, or the damage is $1,000 or more, stay with your car until the police finish or tell you that you can leave. You may leave only to call the police or for medical help, or to get out of danger, and then you must come back1718.
- Swap detailsGive your name, address, driver’s license number and plate number to the other driver, or to the people in the other car17. If someone is hurt, also help them, such as by calling for medical help17.
- Call the policeIf someone was hurt or killed, or the damage is $1,000 or more, call the police right away. In a city or town, that is the city or town police. Outside one, it is the State Highway Patrol or the sheriff1918.
See a doctor soon
Get checked after a crash even if you feel fine. It protects your health, and it creates a record. What to do after a car accident covers the first days step by step.
If they were under 18
Step 5: If the injured person is a child
For most injury claims, if the injured person was under 18 when the claim arose, the usual period doesn’t start until they turn 1820.
Medical-malpractice claims are different. They follow the malpractice limits above. For a claim against a health care provider, if those limits run out before the child turns 10, the claim can still be brought before their 10th birthday20.
Claims for sexual abuse suffered before age 18 can be filed until the person turns 2820.
The law, as written
MinorsTolled until 18
In North Carolina, a person under 18 when the claim accrued may sue within the ordinary limitations period after the disability is removed20. The same tolling applies to a person who is insane or incompetent as G.S. 35A-1101(7) or (8) defines it20.
More detail
Minors' malpractice claims follow G.S. 1-15(c) instead: under § 1-17(b), if that period expires before age 19 the claim may be brought before the minor turns 19; under § 1-17(c), for health care provider malpractice, if that period expires before age 10 the claim may be brought any time before the minor turns 10, with later deadlines after an abuse or neglect adjudication or the end of State custody20.
Claims for sexual abuse suffered before age 18 may be filed in North Carolina until the plaintiff turns 28, or within two years of a related felony conviction20.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day you noticed the harm, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in North Carolina, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, could the fault rule bar my claim, and does a notice need to go out?
More North Carolina rules
This page keeps to the rules that matter most for a motorcycle accident case. The North Carolina page has all of them.
Injured in North Carolina: all deadlines and rules
Other case types in North Carolina:
After a motorcycle accident: the general guide
What’s different when you were on a motorcycle or a bicycle: keeping your helmet and gear, your rights on the road, helmet rules, fault, road hazards and insurance.
How to check a lawyer’s license in North Carolina
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take motorcycle accident cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- N.C. Gen. Stat. § 1-52“§ 1-52. Three years. Within three years an action - … (16) Unless otherwise provided by law, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Except as provided in G.S. 130A-26.3 or G.S. 1-17(d) and (e), no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action. … (19) For assault, battery, or false imprisonment, except as provided by G.S. 1-17(d) and (e). …”Read the source: N.C. Gen. Stat. § 1-52
- N.C. Gen. Stat. § 1-53“§ 1-53. Two years. Within two years - … (4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A-18-2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1-15(c) or 1-52(16), no action for his death may be brought.”Read the source: N.C. Gen. Stat. § 1-53
- N.C. Gen. Stat. § 28A-18-2“(a) … except as to burial expenses of the deceased, and reasonable hospital and medical expenses not exceeding four thousand five hundred dollars ($4,500) incident to the injury resulting in death, except that the amount applied for hospital and medical expenses shall not exceed fifty percent (50%) of the amount of damages recovered after deducting attorneys' fees”Read the source: N.C. Gen. Stat. § 28A-18-2
- N.C. Gen. Stat. § 1-54Read the source: N.C. Gen. Stat. § 1-54
- Clodfelter v. Carroll, 261 N.C. 630 (1964)“[261 N.C. 630, at *634] … There is ample evidence tending to show plaintiff was guilty of contributory negligence, and the jury by its answer to the second issue so found. The doctrine of last clear chance presupposes antecedent negligence on the part of the defendant and antecedent contributory negligence on the part of the plaintiff, such as would, but for the application of this doctrine, defeat recovery.”Read the source: Clodfelter v. Carroll, 261 N.C. 630 (1964)
- N.C. Gen. Stat. § 99B-4“§ 99B-4. Knowledge or reasonable care. No manufacturer or seller shall be held liable in any product liability action if: … (3) The claimant failed to exercise reasonable care under the circumstances in the use of the product, and such failure was a proximate cause of the occurrence that caused the injury or damage complained of.”Read the source: N.C. Gen. Stat. § 99B-4
- N.C. Gen. Stat. § 143-291“§ 143-291(a) The North Carolina Industrial Commission is hereby constituted a court for the purpose of hearing and passing upon tort claims against the State Board of Education, the Board of Transportation, and all other departments, institutions and agencies of the State. … If the Commission finds that there was negligence on the part of an officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency or authority that was the proximate cause of the injury and that there was no contributory negligence on the part of the claimant or the person in whose behalf the claim is asserted, the Commission shall determine the amount of damages … § 143-291(e) This Article provides the sole and exclusive remedy for any claim that arises as a result of the negligence of any officer, employee, involuntary servant, or agent of the State while acting within the scope of his office, employment, service, agency, or authority, and the North Carolina Industrial Commission is the sole and exclusive forum for hearing any such claims. …”Read the source: N.C. Gen. Stat. § 143-291
- N.C. Gen. Stat. § 143-299“§ 143-299. Limitation on claims. All claims against any and all State departments, institutions, and agencies shall henceforth be forever barred unless a claim be filed with the Industrial Commission within three years after the accrual of such claim, or if death results from the accident, the claim for wrongful death shall be forever barred unless a claim be filed by the personal representative of the deceased with the Industrial Commission within two years after such death.”Read the source: N.C. Gen. Stat. § 143-299
- N.C. Gen. Stat. § 143-299.1“§ 143-299.1. Contributory negligence a matter of defense; burden of proof. Contributory negligence on the part of the claimant or the person in whose behalf the claim is asserted shall be deemed to be a matter of defense on the part of the State department, institution or agency against which the claim is asserted, and such State department, institution or agency shall have the burden of proving that the claimant or the person in whose behalf the claim is asserted was guilty of contributory negligence.”Read the source: N.C. Gen. Stat. § 143-299.1
- N.C. Gen. Stat. § 143-299.2“§ 143-299.2(a) The maximum amount that the State may pay cumulatively to all claimants on account of injury and damage to any one person arising out of any one occurrence, whether the claim or claims are brought under this Article, or Article 31A or Article 31B of this Chapter, shall be one million dollars ($1,000,000), less any commercial liability insurance purchased by the State and applicable to the claim or claims under G.S. 143-291(b), 143-300.6(c), or 143-300.16(c).”Read the source: N.C. Gen. Stat. § 143-299.2
- N.C. Gen. Stat. § 160A-485“§ 160A-485(a) Any city is authorized to waive its immunity from civil liability in tort by the act of purchasing liability insurance. Participation in a local government risk pool pursuant to Article 23 of General Statute Chapter 58 shall be deemed to be the purchase of insurance for the purposes of this section. Immunity shall be waived only to the extent that the city is indemnified by the insurance contract from tort liability. … If a city uses a funded reserve instead of purchasing insurance … § 160A-485(c) Any plaintiff may maintain a tort claim against a city insured under this section in any court of competent jurisdiction. … Nothing in this section shall relieve a plaintiff from any duty to give notice of his claim to the city, or to commence his action within the applicable period of time limited by statute.”Read the source: N.C. Gen. Stat. § 160A-485
- N.C. Gen. Stat. § 153A-435“§ 153A-435(a) A county may contract to insure itself and any of its officers, agents, or employees against liability for wrongful death or negligent or intentional damage to person or property or against absolute liability for damage to person or property caused by an act or omission of the county or of any of its officers, agents, or employees when acting within the scope of their authority and the course of their employment. … Purchase of insurance pursuant to this subsection waives the county's governmental immunity, to the extent of insurance coverage, for any act or omission occurring in the exercise of a governmental function. …”Read the source: N.C. Gen. Stat. § 153A-435
- N.C. Gen. Stat. § 160A-485.5Read the source: N.C. Gen. Stat. § 160A-485.5
- N.C. Gen. Stat. § 20-309“(a) No motor vehicle shall be registered in this State unless the owner at the time of registration provides proof of financial responsibility for the operation of such motor vehicle, as provided in this Article. The owner of each motor vehicle registered in this State shall maintain financial responsibility continuously throughout the period of registration. For purposes of this Article, the term "motor vehicle" includes mopeds, as that term is defined in G.S. 20-4.01.”Read the source: N.C. Gen. Stat. § 20-309
- N.C. Gen. Stat. § 20-279.1“(11) "Proof of financial responsibility": Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of one person in any one accident, and, subject to said limit for one person, in the amount of one hundred thousand dollars ($100,000) because of bodily injury to or death of two or more persons in any one accident, and in the amount of fifty thousand dollars ($50,000) because of injury to or destruction of property of others in any one accident. Nothing contained herein shall prevent an insurer and an insured from entering into a contract, not affecting third parties, providing for a deductible as to property damage at a rate approved by the Commissioner of Insurance. … (12) Repealed by Session Laws 1973, c. 1330, s. 39. (1953, c. 1300, s. 1; 1955, c. 1152, s. 3; c. 1355; 1967, c. 277, s. 1; 1971, c. 1205, s. 1; 1973, c. 745, s. 1; c. 1330, s. 39; 1979, c. 832, s. 1; 1991, c. 469, s. 1; c. 726, s. 20; 1999-228, s. 1; 2015-125, s. 2; 2023-133, s. 12(a); 2024-29, s. 8(c).)”Read the source: N.C. Gen. Stat. § 20-279.1
- N.C. Gen. Stat. § 20-279.21“(b) Except as provided in G.S. 20-309(a2), such owner's policy of liability insurance: … (2) Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, or any other persons in lawful possession, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: fifty thousand dollars ($50,000) because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, one hundred thousand dollars ($100,000) because of bodily injury to or death of two or more persons in any one accident, and fifty thousand dollars ($50,000) because of injury to or destruction of property of others in any one accident; and (3) No policy of bodily injury liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle, shall be delivered or issued for delivery in this State with respect to any motor vehicle registered or principally garaged in this State unless coverage is provided therein or supplemental thereto, under provisions filed with and approved by the Commissioner of Insurance, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. The limits of such uninsured motorist bodily injury coverage shall be equal to the highest limits of bodily injury liability coverage for any one vehicle insured under the policy; provided, however, that (i) the limits shall not exceed one million dollars ($1,000,000) per person and one million dollars ($1,000,000) per accident regardless of whether the highest limits of bodily injury liability coverage for any one vehicle insured under the policy exceed those limits and (ii) a named insured may purchase greater or lesser limits, except that the limits shall not be less than the bodily injury liability limits required pursuant to subdivision (2) of this subsection, and in no event shall an insurer be required by this subdivision to sell uninsured motorist bodily injury coverage at limits that exceed one million dollars ($1,000,000) per person and one million dollars ($1,000,000) per accident. When the policy is issued and renewed, the insurer shall notify the named insured as provided in subsection (m) of this section. … (4) Shall, in addition to the coverages set forth in subdivisions (2) and (3) of this subsection, provide underinsured motorist coverage. The limits of such underinsured motorist bodily injury coverage shall be equal to the highest limits of bodily injury liability coverage for any one vehicle insured under the policy; provided, however, that (i) the limits shall not exceed one million dollars ($1,000,000) per person and one million dollars ($1,000,000) per accident regardless of whether the highest limits of bodily injury liability coverage for any one vehicle insured under the policy exceed those limits, (ii) a named insured may purchase greater or lesser limits, and in no event shall an insurer be required by this subdivision to sell underinsured motorist bodily injury coverage at limits that exceed one million dollars ($1,000,000) per person and one million dollars ($1,000,000) per accident, and (iii) the limits shall be equal to the limits of uninsured motorist bodily injury coverage purchased pursuant to subdivision (3) of this subsection. … … (m) Every insurer that sells motor vehicle liability policies subject to the requirements of subdivisions (b)(3) and (b)(4) of this section shall, when issuing and renewing a policy, give reasonable notice to the named insured of all of the following: … (2) The named insured's uninsured motorist bodily injury coverage limits shall be equal to the highest limits of bodily injury liability coverage for any one vehicle insured under the policy unless the insured elects to purchase greater or lesser limits for uninsured motorist bodily injury coverage. (3) The named insured's uninsured motorist property damage coverage limits shall be equal to the highest limits of property damage liability coverage for any one vehicle insured under the policy unless the insured elects to purchase lesser limits for uninsured motorist property damage coverage. (4) The named insured's underinsured motorist bodily injury coverage limits shall be equal to the highest limits of bodily injury liability coverage for any one vehicle insured under the policy unless the insured elects to purchase greater or lesser limits for underinsured motorist bodily injury coverage.”Read the source: N.C. Gen. Stat. § 20-279.21
- N.C. Gen. Stat. § 20-166“(a) The driver of any vehicle who knows or reasonably should know: (1) That the vehicle which he or she is operating is involved in a crash; and (2) That the crash has resulted in serious bodily injury, as defined in G.S. 14-32.4, or death to any person; shall immediately stop the driver's vehicle at the scene of the crash. The driver shall remain with the vehicle at the scene of the crash until a law-enforcement officer completes the investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury. … (a1) The driver of any vehicle who knows or reasonably should know: (1) That the vehicle which he or she is operating is involved in a crash; and (2) That the crash has resulted in injury; shall immediately stop the driver's vehicle at the scene of the crash. The driver shall remain with the vehicle at the scene of the crash until a law enforcement officer completes the investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury. … (b) Any driver required to stop at the scene of a crash pursuant to subsection (a) or (a1) of this section shall additionally provide the following information to the person struck and the driver or occupants of any vehicle collided with, unless those individuals are physically or mentally incapable of receiving information: (i) the driver's name, address, driver's license number and (ii) the license plate number of the driver's vehicle. The driver shall also render reasonable assistance to any injured person. Reasonable assistance includes calling for medical assistance if it is apparent that such assistance is necessary or is requested by the injured person. A violation of this subsection is a Class 1 misdemeanor. (c) The driver of any vehicle, when the driver knows or reasonably should know that the vehicle which the driver is operating is involved in a crash which results: (1) Only in damage to property; or (2) In injury or death to any person, but only if the operator of the vehicle did not know and did not have reason to know of the death or injury; shall immediately stop the vehicle at the scene of the crash. If the crash is a reportable crash, the driver shall remain with the vehicle at the scene of the crash until a law enforcement officer completes the investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury. … (c1) Any driver required to stop at the scene of a crash pursuant to subsection (c) of this section shall additionally provide the following information to the driver or occupants of any other vehicle involved in the crash or to any person whose property is damaged in the crash: (i) the driver's name, address, driver's license number and (ii) the license plate number of the driver's vehicle. If the damaged property is a parked and unattended vehicle and the name and location of the owner is not known to or readily ascertainable by the driver of the responsible vehicle, the driver shall furnish the information required by this subsection to the nearest available peace officer, or, in the alternative, and provided the driver thereafter within 48 hours fully complies with G.S. 20-166.1(c), shall immediately place a paper-writing containing the information in a conspicuous place upon or in the damaged vehicle. …”Read the source: N.C. Gen. Stat. § 20-166
- N.C. Gen. Stat. § 20-4.01“(4c) Crash. - Any event that results in injury or property damage attributable directly to the motion of a motor vehicle or its load. The terms collision, accident, and crash and their cognates are synonymous. … (33b) Reportable Crash. - A crash involving a motor vehicle that results in one or more of the following: a. Death or injury of a human being. b. Total property damage of one thousand dollars ($1,000) or more, or property damage of any amount to a vehicle seized pursuant to G.S. 20-28.3.”Read the source: N.C. Gen. Stat. § 20-4.01
- N.C. Gen. Stat. § 20-166.1“(a) Notice of Accident. - The driver of a vehicle involved in a reportable accident must immediately, by the quickest means of communication, notify the appropriate law enforcement agency of the accident. If the accident occurred in a city or town, the appropriate agency is the police department of the city or town. If the accident occurred outside a city or town, the appropriate agency is the State Highway Patrol or the sheriff's office or other qualified rural police of the county where the accident occurred.”Read the source: N.C. Gen. Stat. § 20-166.1
- N.C. Gen. Stat. § 1-17“§ 1-17(a) A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his or her action within the time limited in this Subchapter, after the disability is removed, … For the purpose of this section, a person is under a disability if the person meets one or more of the following conditions: (1) The person is within the age of 18 years. (2) The person is insane. (3) The person is incompetent as defined in G.S. 35A-1101(7) or (8). (b) Notwithstanding the provisions of subsection (a) of this section, and except as otherwise provided in subsection (c) of this section, an action on behalf of a minor for malpractice arising out of the performance of or failure to perform professional services shall be commenced within the limitations of time specified in G.S. 1-15(c), except that if those time limitations expire before the minor attains the full age of 19 years, the action may be brought before the minor attains the full age of 19 years. (c) (See editor's note for applicability) Notwithstanding the provisions of subsection (a) and (b) of this section, an action on behalf of a minor for injuries alleged to have resulted from malpractice arising out of a health care provider's performance of or failure to perform professional services shall be commenced within the limitations of time specified in G.S. 1-15(c), except as follows: (1) If the time limitations specified in G.S. 1-15(c) expire before the minor attains the full age of 10 years, the action may be brought any time before the minor attains the full age of 10 years. (2) If the time limitations in G.S. 1-15(c) have expired and before a minor reaches the full age of 18 years a court has entered judgment or consent order under the provisions of Chapter 7B of the General Statutes finding that said minor is an abused or neglected juvenile as defined in G.S. 7B-101, the medical malpractice action shall be commenced within three years from the date of such judgment or consent order, or before the minor attains the full age of 10 years, whichever is later. (3) If the time limitations in G.S. 1-15(c) have expired and a minor is in legal custody of the State, a county, or an approved child placing agency as defined in G.S. 131D-10.2, the medical malpractice action shall be commenced within one year after the minor is no longer in such legal custody, or before the minor attains the full age of 10 years, whichever is later. (d) Notwithstanding the provisions of subsections (a), (b), (c), and (e) of this section, a plaintiff may file a civil action against a defendant for claims related to sexual abuse suffered while the plaintiff was under 18 years of age until the plaintiff attains 28 years of age. (e) Notwithstanding the provisions of subsections (a), (b), (c), and (d) of this section, a plaintiff may file a civil action within two years of the date of a criminal conviction for a related felony sexual offense against a defendant …”Read the source: N.C. Gen. Stat. § 1-17
- N.C. Gen. Stat. § 1-15“§ 1-15(c) Except where otherwise provided by statute, 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 giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.”Read the source: N.C. Gen. Stat. § 1-15
- N.C. Gen. Stat. § 1A-1 (North Carolina Rules of Civil Procedure)“Rule 9(j): … may allow a motion to extend the statute of limitations for a period not to exceed 120 days to file a complaint in a medical malpractice action in order to comply with this Rule, upon a determination that good cause exists for the granting of the motion and that the ends of justice would be served by an extension.”Read the source: N.C. Gen. Stat. § 1A-1 (North Carolina Rules of Civil Procedure)
This is general information, not legal advice.