Key facts: North Carolina
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. North Carolina follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for North Carolina
Three years for PI under § 1-52(5), and two years for wrongful death from the date of death under § 1-53(4). North Carolina retains contributory negligence as a complete bar to recovery, making strict compliance with the deadline critical.
Related: North Carolina comparative negligence rule
North Carolina follows a contributory (pure bar) rule. North Carolina retains common-law pure contributory negligence; any contributory negligence by the plaintiff is a complete bar. The "last clear chance" doctrine and gross-negligence exception remain limited mitigators. N.C. Gen. Stat. § 1-139 governs the burden of proof on the defense.
Read the full North Carolina comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed North Carolina attorney before relying on it.