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.

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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

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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

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