Nursing Home Negligence or Abuse
Statute of Limitations N.C. Gen. Stat. §1-52
- Three years from the act of injury or the discovery of it, whichever comes first.
Statute of Limitations N.C. Gen. Stat. §§1-15 and 1-52(16)
- Three years from when the injury was discovered, or reasonably should have been discovered.
- One year extension from the date of discovery allowed for injuries not readily apparent.
- Case cannot be filed more than four years from date of injury.
- If foreign object is discovered, case must be filed within one year of discovery but no later than 10 years from when foreign object was placed in injured party.
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Statute of Limitations N.C. Gen. Stat. §1-53
- Two years from the date of death.
Damages Caps N.C. Gen. Stat. §1D-25
- Generally, no limits are placed on compensatory damages for medical malpractice cases.
- Punitive damages are capped at three times compensatory damages or $250,000, whichever is greater.
- Non-economic damages capped at $500,000
- Wrongful death actions can recover for expenses incurred during treatment of the injury resulting in death up to $4,500 or 50% of the net recovery, whichever is lesser.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
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