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North Carolina

Civil Statute of Limitations

  • Three Year Statute of Limitations for Personal Injury : Actions for personal injury must be brought within three years of the occurrence. N.C. Gen. Stat. Ann. § 1-52(5).
     
  • Discovery Rule : For latent injuries resulting from personal injuries actions, the cause of action does not accrue until the harm to the victim becomes apparent, or ought to have reasonably become apparent. No cause of action will accrue “more than 10 years from the last act of the defendant giving rise to the cause of action.” N.C. Gen. Stat. Ann. § 1-52(16). See also Soderlund v. Kuch, 546 S.E.2d 632, 638 (N.C. Ct. App. 2001) (primary purpose of discovery statute is to protect latent injuries).
     
  • Delayed Tolling for Disabilities/Minors : Persons under 18 years of age claiming personal injury may bring their cause of action within three after reaching the age of majority. N.C. Gen. Stat. Ann. § 1-17(a)(1).
     
Criminal Statute of Limitations

  • No Statute of Limitations for Any Sexual Offense Felony : Sexual offenses that are classified as a felony have no statute of limitations. Sexual intercourse and sexual offenses with minors are considered felonies. N.C. Gen. Stat. Ann. § 15-10; State v. Hardin, S.E.2d 74, 75 (N.C. Ct. App. 1973); N.C. Gen. Stat. Ann. §§ 14-27.7.2A, 14-27.4A, 14-27.7.
     


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SOL Reform
At-a-Glance

Access our fact sheet, "Reforming Statutes of Limitations on Child Sex Abuse", by clicking the title to dispel some of the most prevalent myths on SOL reform.

Exposing the Myth

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Facts About Child Sexual Abuse

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Misinformation Spread About the NY Child Victims Act

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