North Carolina statute of limitations by claim
In North Carolina you generally have 3 years to sue for personal injury, 3 years for property damage, 3 years on a written contract and 3 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 3 years | N.C. Gen. Stat. § 1-52(16)Repose: 10 years from the defendant's last act or omission (§ 1-52(16)) Assault, battery and false imprisonment are also 3 years (§ 1-52(19)). Child sexual abuse claims have longer limits (§ 1-17(d), (e)). |
| Medical malpractice | 3 years | N.C. Gen. Stat. §§ 1-15(c), 1-52(5)Repose: 4 years from the last act; 10 years for a foreign object left in the body (§ 1-15(c)) If the injury was not readily apparent and is discovered 2 or more years after the last act, suit may be filed within 1 year of discovery, but never more than 4 years after the last act. Foreign object: 1 year from discovery, max 10 years. S.L. 2025-84 (HB 805, effective July 29, 2025) set a separate, longer period in another statute for claims arising from gender transition procedures. |
| Wrongful death | 2 years | N.C. Gen. Stat. § 1-53(4)Barred if the decedent's own injury claim would have been barred by § 1-15(c) or § 1-52(16) had the decedent lived. |
| Property damage | 3 years | N.C. Gen. Stat. § 1-52(4)Repose: 10 years from the defendant's last act or omission for physical damage claims (§ 1-52(16)) |
| Written contract | 3 years | N.C. Gen. Stat. § 1-52(1)Contracts under seal: 10 years (§ 1-47(2)). Sale of goods: 4 years under the UCC (§ 25-2-725). Contract claims against a city or county: 2 years (§ 1-53(1)). |
| Oral contract | 3 years | N.C. Gen. Stat. § 1-52(1)§ 1-52(1) covers contracts "express or implied", so written and oral contracts share the same 3-year period. |
| Credit card / account debt | 3 years | N.C. Gen. Stat. § 1-52(1)Credit card and consumer debt suits fall under the 3-year contract period. A debt buyer may not sue or arbitrate on a debt it knows or should know is time-barred (§ 58-70-115(4)). A new promise or acknowledgment restarts the clock only if in a writing signed by the debtor, but the statute does not change the effect of a payment of principal or interest (§ 1-26). |
| Fraud | 3 years | N.C. Gen. Stat. § 1-52(9) |
| Defamation | 1 year | N.C. Gen. Stat. § 1-54(3)Same 1-year period for libel and slander. |
| Product liability | 3 years | N.C. Gen. Stat. §§ 1-52(16), 1-46.1Repose: 12 years from the date of initial purchase for use or consumption (§ 1-46.1) The 12-year repose replaced the former 6-year repose (§ 1-50(a)(6)) for claims accruing on or after Oct. 1, 2009 (S.L. 2009-420). |
What is different in North Carolina
North Carolina is one of the few states with no limit on felony prosecutions. On the civil side, it is also one of five jurisdictions that still apply contributory negligence, so the deadline is only one hurdle in an injury case. A contract signed under seal gets 10 years instead of 3, and a child’s malpractice claim is extended only until age 10.
- No statute of limitations for any felony; only misdemeanors have time limits. (N.C. Gen. Stat. § 15-1)[10]
- SAFE Child Act (S.L. 2019-245): child sexual abuse survivors may sue until age 28, or within 2 years of a related felony conviction. Its 2020–2021 revival window was upheld by the N.C. Supreme Court in McKinney v. Goins (Jan. 31, 2025). (N.C. Gen. Stat. § 1-17(d), (e))[11]
- A contract signed under seal has a 10-year limit instead of 3 years. (N.C. Gen. Stat. § 1-47(2))[12]
- A child's medical malpractice claim against a health care provider is extended only until age 10, not age 18. (N.C. Gen. Stat. § 1-17(c))[13]
When the clock starts and stops
There is no general discovery rule; it applies where a statute provides it. Personal injury and property damage claims accrue when harm becomes or should have become apparent, subject to a 10-year repose (§ 1-52(16)); fraud accrues on discovery (§ 1-52(9)); malpractice has a limited 1-year discovery extension capped at 4 years (§ 1-15(c)). (N.C. Gen. Stat. §§ 1-15(c), 1-52(9), 1-52(16))
Minors. North Carolina pauses the clock while the injured person is a minor: the period starts at age 18. A minor may sue within the normal period after turning 18. Medical malpractice against health care providers: the § 1-15(c) limits apply, extended only until age 10 (§ 1-17(c)); other professional malpractice: until age 19 (§ 1-17(b)). Child sexual abuse: until age 28, or 2 years after a related felony conviction (§ 1-17(d), (e)).[6]
Other tolling. Insanity and incompetence also toll (§ 1-17(a)); a defendant's absence from the state can toll the period (§ 1-21).
Suing the government in North Carolina
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Claim against a State department or agency must be filed with the N.C. Industrial Commission within 3 years of accrual (2 years after death for death claims)The Industrial Commission claim is the proceeding under the State Tort Claims Act (§ 143-291 et seq.); there is no separate notice step. | N.C. Gen. Stat. § 143-299 |
| Cities, counties and other local entities | No general statewide notice-of-claim statute for cities and counties; some local charters impose notice rulesTort suits follow the ordinary limitation period (usually 3 years); contract claims against a local unit: 2 years (§ 1-53(1)). | N.C. Gen. Stat. §§ 153A-435, 160A-485 (immunity waived to the extent of insurance) |
Criminal statute of limitations in North Carolina
Most felonies in North Carolina: No time limit. North Carolina has no general statute of limitations for felonies.. Misdemeanors: 2 years for most misdemeanors; 10 years for listed child-abuse and sexual battery misdemeanors; no limit for malicious misdemeanors.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | No time limit. North Carolina has no general statute of limitations for felonies.§ 15-1 sets limits only for misdemeanors; no statute limits felony prosecutions. | N.C. Gen. Stat. § 15-1 (applies only to misdemeanors) |
| Misdemeanors | 2 years for most misdemeanors; 10 years for listed child-abuse and sexual battery misdemeanors; no limit for malicious misdemeanorsThe 10-year list in § 15-1(b) was added by the SAFE Child Act (S.L. 2019-245). | N.C. Gen. Stat. § 15-1(a), (b) |
| No time limit | All felonies (including murder, rape, felony larceny) and malicious misdemeanors | N.C. Gen. Stat. § 15-1 |
| Sexual assault | Rape and other felony sex offenses: no limit for adult or child victims. Misdemeanor sexual battery (§ 14-27.33) and misdemeanor child abuse (§ 14-318.2): 10 years from the offense (§ 15-1(b)). | N.C. Gen. Stat. § 15-1(b) |
| Theft | Felony larceny has no time limit; misdemeanor larceny must be charged within 2 years (§ 15-1(a)). |
Worked example
A trip over a broken store mat in Charlotte on October 12, 2024: under the personal injury deadline is October 12, 2027. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2033.
For a claim of $10,000 or less, North Carolina’s small claims (District Court, small claims (magistrate)) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in North Carolina?
What is the statute of limitations on debt in North Carolina?
Does the statute of limitations pause for minors in North Carolina?
What crimes have no statute of limitations in North Carolina?
Is there a statute of limitations on felonies in North Carolina?
Sources
- N.C. Gen. Stat. § 1-52(16): personal injury limitation period
- N.C. Gen. Stat. §§ 1-15(c), 1-52(5): medical malpractice limitation period
- N.C. Gen. Stat. § 1-53(4): wrongful death limitation period
- N.C. Gen. Stat. § 1-52(1): written contract limitation period
- N.C. Gen. Stat. § 1-52(1): credit card / account debt limitation period
- N.C. Gen. Stat. § 1-17(a): tolling for minors
- N.C. Gen. Stat. § 143-299: claims against the state
- N.C. Gen. Stat. §§ 153A-435, 160A-485 (immunity waived to the extent of insurance): claims against local government
- N.C. Gen. Stat. § 15-1 (applies only to misdemeanors): criminal limitation periods
- N.C. Gen. Stat. § 15-1
- N.C. Gen. Stat. § 1-17(d), (e)
- N.C. Gen. Stat. § 1-47(2)
- N.C. Gen. Stat. § 1-17(c)
- North Carolina small claims (official court self-help)