North Carolina Statute of Limitations

Pennsylvania Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

Statute of limitations varies from state to state regarding the many types of fatal accidents. The last thing you want to do as the family of a victim of an accidental fatality is miss your opportunity to file a lawsuit.

Here are some important facts to consider about North Carolina’s statute of limitations and time limits for filing a lawsuit:

• Negligence – 3 years statute of limitations
• Medical Malpractice– Cause of action accrues at the time of the occurrence of the last act giving rise to the injury. Must file within 3 yrs. of date of last act or within 2 yrs. injury was or should have been discovered. (Actions on behalf of minors must be filed within same time limits except if limits expire before minor reaches age 19. Then actions may be brought before 19th birthday.)
• Product Liability – defective product = 6 years of date of purchase
• Wrongful Death – 2 years of date of death
• Survival – The statute of limitations that applies to an action which a person is entitled to bring also applies to that action when it is brought as a survival action by his representative upon his action by his representative upon his death. If, however, the applicable statute of limitations period expires subsequent to and within one year from the person's death, his representative may commence the action, pursuant to N.D. Cent. Code § 28-01-26; at any time within one year from his death.

Caps on Lawyers Awards: None

North Carolina Caps on Damage Awards

Medical Malpractice - Punitive damages are limited to $250,000.00 or three times economic damages, whichever amount is greater.

Product Liability– A statute placing a cap on the amount of punitive damages at the larger of $ 250,000 or three times the compensatory damages, N.C. Gen. Stat. § 1D-25, did not violate the constitutional guarantee of due process, the court held in Rhyne v. K-Mart Corp., 149 N.C. App. 672, 562 S.E.2d 82, 103 A.L.R.5th 693 (N.C. Ct. App. 2002).

Pharmaceutical cases – Same as medical malpractice and product liability

North Carolina Minors – Except in certain cases of medical malpractice or wrongful death, a minor must file suit within three years of his or her 18th birthday, and at no time thereafter

North Carolina State Police
4701 Mail Service Center
Raleigh, NC 27699
919 733 2126

http://www.nccrimecontrol.org

North Carolina Academy of Trial Lawyers
1312 Annapolis Drive
PO Box 10918
Raleigh, NC 27605
800-688-1413
http://www.ncatl.org

Please fill out the form below to see if you have a wrongful death case.

* Required Fields. * Click on the Disclaimer, below, for Terms PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
City:
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Zipcode:
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INCIDENT INFORMATION
Date of Accident:	January February March April May June July August September October November December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 1949 1948 1947 1946 1945 1944 1943 1942 1941 1940 1939 1938 1937 1936 1935 1934 1933 1932 1931 1930 1929 1928 1927 1926 1925 1924 1923 1922 1921 1920 1919 1918 1917 1916 1915 1914 1913 1912 1911 1910 1909 1908 1907 1906 1905 1904 1903 1902
Date of Death:	January February March April May June July August September October November December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 1949 1948 1947 1946 1945 1944 1943 1942 1941 1940 1939 1938 1937 1936 1935 1934 1933 1932 1931 1930 1929 1928 1927 1926 1925 1924 1923 1922 1921 1920 1919 1918 1917 1916 1915 1914 1913 1912 1911 1910 1909 1908 1907 1906 1905 1904 1903 1902
Name of Deceased:
Location of Accident:	-Please Select- Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming
Please describe what happened (cause of accident):
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