Contributory Negligence
North Carolina follows pure contributory negligence, one of the strictest rules in the US. If plaintiff is found even 1% at fault, they are completely barred from recovering any compensation. North Carolina is one of only 5 jurisdictions with this harsh rule.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
North Carolina follows pure contributory negligence, one of the strictest rules in the US. If plaintiff is found even 1% at fault, they are completely barred from recovering any compensation. North Carolina is one of only 5 jurisdictions with this harsh rule.
Example:
If plaintiff is 30% at fault for $100k damages in North Carolina, they recover $0 (complete bar to recovery).
Critical Warning
North Carolina is one of only 5 jurisdictions with contributory negligence. If you were even 1% at fault, you may recover NOTHING. Consult an attorney immediately.
Last clear chance doctrine may apply as exception to contributory negligence
$0
Based on reported cases in North Carolina
78,285
Personal injury lawsuits per year
North Carolina maintains one of the strictest negligence systems in the country. The landmark case of Pullen v. Nickens (2011) reaffirmed North Carolina's commitment to contributory negligence, making it one of only five jurisdictions where any fault by the plaintiff can completely bar recovery.
The Smith v. Fiber Controls Corp. case established important precedents regarding product liability in North Carolina, particularly the relationship between negligence claims and strict liability theories. Understanding these distinctions is crucial for product injury cases.
North Carolina has seen significant verdicts despite its contributory negligence rule. A 2015 case resulted in a $9.95 million verdict in a trucking accident case where the plaintiff successfully proved zero contributory negligence. These verdicts demonstrate that significant recoveries are possible with proper case preparation.
The state has been active in medical malpractice litigation, particularly in Wake County (Raleigh) and Mecklenburg County (Charlotte). Birth injury cases have produced substantial verdicts when plaintiffs overcome the contributory negligence defense, sometimes exceeding $15 million.
North Carolina personal injury cases are filed in Superior Courts for claims over $25,000, or District Courts for smaller amounts. The state has 100 counties organized into 50 judicial districts. Wake County (Raleigh) and Mecklenburg County (Charlotte) handle the highest volume of civil cases.
North Carolina follows the Rules of Civil Procedure found in Chapter 1A of the General Statutes. Discovery includes written interrogatories (limited to 50), depositions, and document requests. Case management orders set discovery schedules and trial dates.
The state requires Rule 9(j) certification in medical malpractice cases, requiring the plaintiff to certify that medical care has been reviewed by a qualified expert who believes the standard of care was breached. This must be in the complaint and is strictly enforced.
North Carolina uses mediated settlement conferences in Superior Court civil cases, typically required before trial. The Business Court handles complex business disputes, including some personal injury matters involving business entities. Case timing varies by county—urban counties may take 18-30 months to trial.
North Carolina attorneys are licensed by the North Carolina State Bar. For personal injury cases in a contributory negligence state, experience is crucial. Look for attorneys with a track record of overcoming contributory negligence defenses and getting cases to verdict.
The North Carolina Advocates for Justice (NCAJ) is the state's primary organization for plaintiff attorneys. Given North Carolina's strict contributory negligence rule, NCAJ members often have developed strategies for successfully litigating in this challenging environment.
In North Carolina, your attorney must be prepared to prove you had absolutely zero fault in the accident. Even 1% contributory negligence bars all recovery. This requires meticulous investigation, thorough discovery, and careful presentation of evidence.
North Carolina has growing Spanish-speaking and Asian populations, particularly in urban areas. Many attorneys offer bilingual services. Contingency fees typically range from 33-40%, though given the difficulty of contributory negligence states, some attorneys may be selective about cases they accept.
North Carolina's statute of limitations for personal injury cases is 3 years from the date of injury under N.C. Gen. Stat. § 1-52. This applies to most negligence claims including automobile accidents and general personal injury matters.
Medical malpractice claims have a 3-year statute of limitations with a 4-year statute of repose under N.C. Gen. Stat. § 1-15. The discovery rule may delay the start, but the 4-year outer limit applies. Foreign object cases have a 10-year statute of repose.
Claims against North Carolina governmental entities under the Tort Claims Act are handled through the Industrial Commission rather than regular courts. There's no specific notice requirement, but the 3-year statute applies. Minors generally have until 3 years after turning 18 to file claims, but claims against the state have different rules.
This calculator provides estimates only and is not legal advice. Laws in North Carolina are complex and individual case results vary. Consult a licensed North Carolina attorney for advice specific to your case.