Statutes Of Limitations

When Lawsuits Must Be Filed in North Carolina Cases OR YOUR CASE WILL BE DISMISSED WITHOUT REGARD TO THE MERITS

One of the most important things that you must understand when considering whether to pursue a claim in North Carolina is that our courts will dismiss your lawsuit if it is not filed in a timely manner. When dismissing your case under the rules that are described below, the Court will not consider how strong your case may be. This means that if you wait to file a claim, no matter how valid, you can be barred from recovery simply because you waited too long to file a lawsuit. The Court's will just dismiss your case "because the Plaintiff sat on his rights".

Basically, you time frame to file a lawsuit is limited by Statutes of Limitation, Statutes of Repose and the Doctrine of Latches. In some instances you can be faced with all three limitations. For example, when filing a construction defect case you must file within 3 years of discovery or when you reasonably should have known (Statute of Limitation) but in no event later then 6 years from substantial completion of the complained of improvement (Statute of Repose). In addition, the equitable concept pronounced in the doctrine of latches provides that a Plaintiff cannot unduly wait to bring his lawsuit. Each of these rules has exceptions, some of which are harder to fit into then others.

Suffice it to say, BEWARE the time periods below and speak with an attorney at Lea, Rhine & Rosbrugh, P.L.L.C. as soon as possible to know your rights.

Don't fall into any traps where you get suckered into a delay or procrastinate because you are afraid of costs. Do not sit on your rights or will find that you lost them!

The following list of North Carolina limitation periods was set forth in publication called "Statutes of Limitation Index" issued by Lawyers Mutual Liability Insurance Company of North Carolina in August 2005. We have not included everything in the list below that is contained in the above-referenced publication. This list is not exhaustive and by the time you read this may have changed through legislative action or judicial interpretations and opinions. In addition, please note that the Defendant's attorneys will try to argue that some alternative sections apply which could bar your claim even if some other section seems to apply.

BONDS

Action on Payment Bond
Time period: 1 year (from later date of last labor performed, last material furnished by claimant, or final settlement with contractor)
N.C.GEN.STAT. 1-33

CONSTRUCTION

PRIVATE PROJECTS:

Claim of Lien
Time Period: 180 days (after last furnishing of labor or materials to the project site) N.C. GEN. STAT. 44A-13

Enforcement of Lien
Time Period: 180 days (after last furnishing of labor or materials to the project site) N.C. GEN. STAT. 44A-13

PUBLIC PROJECTS:

Action on Payment Bond
Time period: 1 year (from later date of last labor performed, last material furnished by claimant, or final settlement with contractor)
N.C. GEN. STAT. 44A-28(b)

CONTRACTS

Action for Breach of Contract for Sale of Goods
Time Period 4 years (after the cause of action has accrued)
N.C. GEN. STAT. 25-2-725(1)

Express or Implied Contracts
Time Period: 3 years (after breach)
N.C. GEN. STAT. 1-52(1)

Action Upon Sealed Instrument Against Principal
Time Period: 10 years
N.C. GEN. STAT. 1-47(2)

CORPORATIONS

Action Against Corporation or Stockholder on Account of Dividends
Time Period: 6 years
N.C. GEN. STAT. 1-50(a)(4)

Action Against Corporate Directors for Unlawful Distribution
Time period 3 years (from date on which effect of distribution measured)
N.C. GEN. STAT. 55-8-33(c)

JUDGMENTS

Action to Enforce Judgment
Time period: 10 years (from date of rendition)
N.C. GEN. STAT. 1-47(1)

Execution Upon Judgment Requiring Payment of Money or Recovery of Personal Property
Time period: 10 years (from date of rendition)
N.C. GEN. STAT. 1-306

PERSONAL INJURY

Personal Injury
Time period: 3 years (after injury becomes or ought to have become apparent, but not morethan 10 years after defendant's last act or omission giving rise to claim)
N.C. GEN. STAT. 1-52(16)

Wrongful Death
Time period: 2 years (from the date of death)
N.C. GEN. STAT. 1-53(4)

Products Liability
Time period: If action is in tort for personal injury or wrongful death, the action must be brought within 3 years of the date of injury or 2 years from the date of death (statute of limitation) and 6 years after product's initial purchase for use of consumption (statute of repose).
N.C. GEN. STAT. 1-50(a)(6)

Worker's Compensation Claims
Time period: 2 years (after accident or after last payment of medical compensation when no other compensation has been paid and when employer's liability has not been established)
N.C. GEN. STAT. 97-24(a)

Occupational Diseases
Time period: 2 years (after death, disability, or disablement)
N.C. GEN. STAT. 97-58(c)

Personal Injury, Death Due to Defective, Unsafe Real Property Improvement
Time period: If the action is in tort for personal injury or wrongful death, the action must be brought within 3 years of the date of injury or 2 years from the date of death (statute of limitations) and 6 years after later of defendant's last act or omission, or substantial completion of improvement (statute of repose).
N.C. GEN. STAT. 1-50(5)

Claim for Medical Expenses Incurred Within One Year of School Bus Accident Causing Injury, Death of Pupil
Time period: 1 year
N.C. GEN. STAT. 115c-259

PROPERTY AND ESTATES

Action Validating Title Claim After Entry on Real Estate
Time period: 1 year (after entry, but within period necessary for adverse possession ripening into title)
N.C. GEN. STAT. 1-41

Trespass
Time period: 3 years (from original trespass)
N.C. GEN. STAT. 1-52(3)

Real Property Title Against State Under Color of Title
Time period: 21 years
N.C. GEN. STAT. 1-35(2)

Real Property Title Against State, Adverse Possession
Time period: 30 years
N.C. GEN. STAT. 1-35(l)

Real Property Title Against Private Party Under Color of Title
Time period: 7 years
N.C. GEN. STAT. 1-38(a)

Real Property Title Against Private Party When Instrument is Destroyed
Time period: 7 years
N.C. GEN. STAT. 98-8

Real Property Title Against Private Party Under Adverse Possession
Time period: 20 years
N.C. GEN. STAT. 1-40

Action to Recover Deficiency Judgment on Debt After Foreclosure on Mortgage or Deedof Trust Securing Such Debt
Time period: 1 year (after delivery of deed pursuant to foreclosure sale)
N.C. GEN. STAT. 1-54(6)

Property Damage Due to Defective, Unsafe Real Property Improvement
Time period: 6 years
N.C. GEN. STAT. 1-50(5)

Foreclosure of Mortgage, Deed in Trust for Creditors with Power of Sale
Time period: 10 years
N.C. GEN. STAT. 1-47(3)

Mortgage Redemption
Time period: 10 years
N.C. GEN. STAT. 1-47(4)

Creditor's Action Against Representative of Deceased
Time period: 7 years (after qualification of executor or administrator and, where creditor not personally served, publishing advertisement for creditors to present their claims)
N.C. GEN. STAT. 1-49(2)

Action Against Railroad for Property Damage Caused by Construction or Repairs
Time period: 5 years (from date of the first substantial injury)
N.C. GEN. STAT. 1-51(2)

Property Damage
Time period: 3 years (after damage becomes or ought to have become apparent but not more than 10 years from defendant's last act or omission giving rise to claim)
N.C. GEN. STAT. 1-52(16)

Conversion of or Damage to Goods or Chattels
Time period: 3 years
N.C. GEN. STAT. 1-52(4)

STATE AND LOCAL GOVERNMENT AND PUBLIC OFFICERS

Other Tort Claims Against State Departments, Institutions and Agencies
Time period: 3 years (after accrual of such claim)
N.C. GEN. STAT. 143-299

Wrongful Death Claims Against State Departments, Institutions and Agencies
Time period: 2 years
N.C. GEN. STAT. 143-299

Action Contesting Validity of Zoning Ordinance or Amendment
Time period: 2 months (after adoption or amendment thereto)
N.C. GEN. STAT. 160A-364; 153A-348; 1-54.1

OTHER TORTS

Criminal Conversation
Time period: 3 years
N.C. GEN. STAT. 1-52(5)

Tortious Interference with Contract
Time period: 3 years
N.C. GEN. STAT. 1-52(5)

Abuse of process
Time period: 3 years
N.C. GEN. STAT. 1-52(5)

Intentional Infliction of Emotional Distress
Time Period: 3 years
N.C. GEN. STAT. 1-52(5), (16)

WILLS AND DECEDENT'S ESTATES

Presentation of Claims Against Decedent's Estate Arising at or After Death
Time period: 6 months (from due date of representative's or collector's performance if claim based on contract with representative or collector; or with respect to any other claim, from date on which claim arises).
N.C. GEN. STAT. 28A-19-3(b)

Action on Unreferred Claim Rejected by Representative or Collector
Time period: 3 months (after written notice of rejection or after some part of claim comes due)
N.C. GEN. STAT. 28A-19-16

Action for Year's Allowance of Surviving Spouse or Children
Time period: 1 year
N.C. GEN. STAT. 1-54(5)

MISCELLANEOUS LIMITATIONS

Professional Malpractice - complex analysis needed
Time period: 3 years from last act of defendant/4 year statute of repose ("latent injury rule") The 4 year statute of repose is available when the injury is not apparent until 2 or more years after the last act of the defendant. Suit must be brought within 1 year of the discovery date, but cannot be brought more than 4 years from the last act of the defendant.
N.C. GEN. STAT. 1-15(c)

Action Grounded on Fraud or Mistake
Time period: 3 years (after aggrieved party knew or should have known facts constituting fraud or mistake)
N.C. GEN. STAT. 1-52(9)

Action Grounded on Chapter 75 of General Statutes of North Carolina; Unfair, Deceptive Trade Practices
Time period: 4 years (after cause of action accrues)
N.C. GEN. STAT. 75-16.2

Action for Recovery Under Fair Labor Standards Act
Time period: 2 years
N.C. GEN. STAT. 1-52(11)

Action for Wrongful Discharge or Demotion Due to Worker's Compensation Proceedings
Time period: 6 months
N.C. GEN. STAT. 1-55(3)

Action Upon Liability Created by State or Federal Statute
Time period: 3 years
N.C. GEN. STAT. 1-52(2)

Misappropriation of Trade Secret
Time period: 3 years (after misappropriation is or reasonably should have been discovered)
N.C. GEN. STAT. 66-157

Action to Recover Unpaid Wages for Violation of the Wage and Hour Act Section 95-25.3 (Minimum Wage), 95-25.4 (Overtime), and 95-25.6 through 95-25.12 (Wage Payment)
Time period: 2 years
N.C. GEN. STAT. 95-25.22(f); N.C. GEN. STAT. 1-53

Action by Tortfeasor to Enforce Contribution to Judgment for Injury or Wrongful Death Against Joint Tortfeasor
Time period: 1 year (after judgment becomes final)
N.C. GEN. STAT. 1B-3(c)

There are a couple of exceptions to the time limits that would normally apply to an injury claim. Measuring the statute of limitations for a particular situation can be a complex issue. For instance, under the discovery rule, the time begins to run from when the person who is injured knew, or by the exercise of reasonable diligence should have known, that he or she was injured. The discovery rule is commonly applied in cases involving exposure to toxic substances.

Another exception applies to children. Typically, the time does not begin to run for an injury until the child reaches 18 years of age. These special rules may also apply to people who are mentally impaired or who leave the state for particular kinds of reasons such as for military service.

Our firm is full of attorneys who can tell you when a lawsuit must be filed- all you have to do is call to learn about your rights. If you or a loved one is in need of legal assistance, call Lea, Rhine & Rosbrugh, P.L.L.C. at 910-772-9960 or toll free at 1-866-772-9960 or submit an online questionnaire.