• 12 Sep 2025

Guide to Personal Injury Law in North Carolina

When you've been hurt in an accident, the last thing on your mind is the fine print of personal injury law. Yet, understanding your legal rights is one of the most important steps you can take. In North Carolina, the legal landscape can be complicated, especially with rules that differ significantly from other states.

What is a Personal Injury Claim?

In its simplest form, a personal injury claim is a legal action brought by a person who has been physically or emotionally harmed due to another person's negligence or intentional act. The purpose of the claim is to seek financial compensation for the victim's injuries and other losses.

These claims are based on the legal concept of negligence, which requires proving four elements:

• Duty: The at-fault party had a legal duty of care toward you. For example, a driver has a duty to operate their vehicle safely.
• Breach: They breached that duty. For instance, by running a red light.
• Causation: The breach of duty directly caused your injuries. The car crash from the red light resulted in your broken arm.
• Damages: You suffered actual damages as a result, such as medical bills and lost income.

Key Aspects of Personal Injury Law in NC

When it comes to North Carolina personal injury laws, a few key principles are important to understand. These rules can significantly impact your ability to receive compensation.

The Harsh Rule of Contributory Negligence

North Carolina is one of the few states that follows a strict rule known as contributory negligence. This means if you are found to be even 1% at fault for the accident, you are barred from recovering any damages from the other party. This makes proving your case and a defendant’s liability especially challenging.

Statute of Limitations

For most personal injury claims in North Carolina, you have a specific time frame to file a lawsuit. The general statute of limitations for personal injury in North Carolina is three years from the date of the injury (N.C. Gen. Stat. § 1-52(5)). If you don't file your lawsuit within this time, you will likely lose your right to sue, forever. There are certain exceptions, so it's critical to talk to a lawyer as soon as possible.

Does North Carolina Have Personal Injury Protection?

In short, no. North Carolina does not have personal injury protection (PIP) insurance like some other states. In a traditional car accident case, the at-fault driver's insurance is responsible for paying for your damages.

Most Common Types of Personal Injury Claims

Personal injury law covers a wide range of accidents caused by negligence. Here are the most common personal injury claims we handle for our clients in the Raleigh area:

Car Accidents

Car, truck, and motorcycle accidents are the most frequent source of personal injury claims. These often involve distracted driving, speeding, or driving under the influence.

Slip and Fall Accidents

Medical Malpractice

This occurs when a healthcare professional's negligence causes an injury. Common examples include surgical errors, misdiagnosis, or prescribing the wrong medication.

Product Liability

If a defective or dangerous product causes an injury, the manufacturer or seller can be held responsible. This can involve anything from faulty vehicle parts to dangerous children's toys.

Wrongful Death

When a loved one's death is caused by someone else's negligence, their family can file a wrongful death claim to seek compensation for their loss.

How Are Personal Injury Settlements Paid Out in NC?

One of the first questions people ask after an injury is how they will get their money. Personal injury settlements in NC are typically paid out in one of two ways: a lump-sum payment or a structured settlement.

• Lump-Sum Payment: This is the most common method. The at-fault party's insurance company pays the full settlement amount in a single payment. After the funds are deposited into a trust account, your attorney will pay off medical liens, attorney fees, and any other case-related costs before sending you a check for the remaining balance.
• Structured Settlement: In some cases, usually those involving very serious injuries or minor children, the settlement is paid out in a series of periodic payments over a set number of years.

Compromise and Settlement: Understanding Key NC Laws

A personal injury claim is ultimately a negotiation with the at-fault party and their insurance company. In many cases, these claims are resolved through a compromise or settlement agreement, as outlined in North Carolina's statutes.

It is important to understand what you are agreeing to when you accept a settlement. According to N.C. Gen. Stat. § 1-540.1, a settlement for your initial injury does not automatically bar you from also pursuing a claim against a doctor or surgeon for negligent treatment, unless the agreement specifically states otherwise. This is a critical protection for victims who may suffer further harm after their initial injury.

Furthermore, the law also protects you from having a property damage claim hurt your injury claim. N.C. Gen. Stat. § 1-540.2 states that settling a property damage claim from a car crash does not count as an admission of liability and cannot be used as evidence against you in a separate bodily injury claim.

What You Need to Know About Advance Payments

In some situations, an at-fault party or their insurance company may offer to make an 'advance payment' to help with immediate costs like medical bills or lost wages. This may seem helpful, but it’s crucial to understand the legal implications.

N.C. Gen. Stat. § 1-540.3(a) specifies that “Such advance or partial payment or payments shall not constitute an admission of liability on the part of the person…on whose behalf the payment or payments are made.” In other words, accepting this payment does not mean the at-fault party is admitting fault for the accident. The same statute also states that accepting such a payment does not in itself release you from your claim, unless a written settlement agreement says it does.

Additionally, this statute is clear on the statute of limitations. N.C. Gen. Stat. § 1-540.3(b) states that “The making of any advance payment shall not affect in any way whatsoever the running of the statute of limitations.” This means the clock is still ticking, and you must still file your lawsuit on time, even if you have received an advance payment.

What to Do After an Injury

Taking the right steps after an accident is crucial to protecting your health and your legal claim. Here are three key steps to remember:

• Seek Medical Attention: Your health should be your top priority. Even if you don't feel seriously injured, see a doctor. Medical records are the most important evidence in your case.
• Gather Evidence: If possible, take photos of the accident scene, your injuries, and any property damage. Collect the names and contact information of witnesses and the at-fault party.
• Contact an Attorney: Because of North Carolina's strict contributory negligence rule and the statute of limitations, it is essential to speak with an experienced personal injury attorney right away. A lawyer can evaluate your case, handle communication with insurance companies, and ensure your rights are protected.

Explore Your Legal Options Today

If you've been hurt in an accident in Raleigh, Apex, Cary, Durham, or a nearby community, contact our office today for a free, no-obligation consultation. We’ll review the details of your case and help you take the first step toward getting your life back.