North Carolina Personal Injury Laws
North Carolina follows the contributory negligence doctrine, one of only a handful of states to do so, barring recovery entirely if the plaintiff is even 1% at fault. The state has no statutory cap on non-economic damages in personal injury cases, though proving damages can be difficult given the fault bar. Despite the harsh fault rule, North Carolina's robust economy and growing population support a significant personal injury litigation market.
Statute of Limitations
3 years
Fault Rule
Contributory Negligence
Non-Economic Damages Cap
No Cap
Fault Rule: Contributory Negligence
If you are even 1% at fault for your injury, you are completely barred from recovering any damages. This is the strictest fault rule in the country.
Average Settlement Amounts in North Carolina
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in North Carolina.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $19,000 |
| Slip and Fall | $15,000 |
| Dog Bite | $28,000 |
Key North Carolina Personal Injury Statutes
- •N.C. Gen. Stat. § 1-52 (statute of limitations)
- •Sorrells v. M.Y.B. Hospitality Ventures (contributory negligence precedent)
- •N.C. Gen. Stat. § 67-4.1 (dog bite strict liability)
Damage Caps in North Carolina
North Carolina does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
North Carolina does not have a specific medical malpractice damages cap.
Injury Claims in North Carolina
Learn more about specific injury types and how North Carolina law applies to each.
Major Cities in North Carolina
Personal injury attorneys in North Carolina serve clients in Charlotte, Raleigh, Greensboro, Durham, Winston-Salem, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.