North Carolina Head Injury Laws

North Carolina at a glance

North Carolina allows three years for personal injury, with the claim accruing when bodily harm becomes apparent,[1] and two years for wrongful death.[2] North Carolina keeps contributory negligence, under which a plaintiff’s concurring negligence can bar all recovery.[3] Minimum auto liability limits rose to $50,000/$100,000/$50,000 for policies issued or renewed on or after July 1, 2025.[4]

Filing deadlines

N.C. Gen. Stat. § 1-52(16)

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.

Source: [1]

Wrongful death: N.C. Gen. Stat. § 1-53(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.

Source: [2]

Section 1-53 sets a two-year period for this action, and it adds that if the person would have been barred by § 1-52(16) had they lived, no death action may be brought.[2]

Contributory negligence

North Carolina is one of the few jurisdictions that still apply contributory negligence.[5]

Miller v. Miller (N.C. 1968)

In North Carolina, and in those states which do not apply the doctrine of comparative negligence, a plaintiff’s negligence which concurs with that of the defendant in producing the occurrence which caused the original injury will bar all recovery, even though the plaintiff’s negligence was comparatively small.

Source: [3]

The defendant has the burden of proving contributory negligence: “A party asserting the defense of contributory negligence has the burden of proof of such defense.”[6] The Court of Appeals has explained that a plaintiff’s ordinary contributory negligence is not a bar when the defendant’s gross negligence, or willful or wanton conduct, is a proximate cause of the injuries.[7]

Damage caps

N.C. Gen. Stat. § 1D-25(b)

Punitive damages awarded against a defendant shall not exceed three times the amount of compensatory damages or two hundred fifty thousand dollars ($250,000), whichever is greater.

Source: [8]

Auto insurance requirements

N.C. Gen. Stat. § 20-279.21

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

Source: [9]

The North Carolina Department of Insurance explains that these limits apply to “all new or renewed policies on or after” July 1, 2025, replacing the previous $30,000/$60,000/$25,000 minimums.[4]

What this page does not cover

This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.

Learn more: All state law pages · Personal injury claims · Claims against the government · Auto insurance claims

This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. N.C. Gen. Stat. § 1-52. North Carolina General Assembly. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-52.html
  2. N.C. Gen. Stat. § 1-53. North Carolina General Assembly. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-53.html
  3. Miller v. Miller, North Carolina Supreme Court (1968). Justia. https://law.justia.com/cases/north-carolina/supreme-court/1968/278-0.html
  4. North Carolina Department of Insurance. “Changes to the Rating of Automobile Insurance Policies Effective July 1, 2025.” https://www.ncdoi.gov/changes-rating-automobile-insurance-policies-effective-july-1-2025
  5. Legal Information Institute, Wex. “Contributory negligence.” https://www.law.cornell.edu/wex/contributory_negligence
  6. N.C. Gen. Stat. § 1-139. North Carolina General Assembly. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-139.html
  7. North Carolina Court of Appeals, opinion filed April 5, 2016 (No. COA15-368). Justia. https://cases.justia.com/north-carolina/court-of-appeals/2016-15-368.pdf?ts=1459858400
  8. N.C. Gen. Stat. § 1D-25. North Carolina General Assembly. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1D/GS_1D-25.html
  9. N.C. Gen. Stat. § 20-279.21. North Carolina General Assembly. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-279.21.html

Sources last checked: October 11, 2026

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