North Carolina Limitation of Remedies and Damages Provisions

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Multi-State
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US-ND0903
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Description

This form provides boilerplate contract clauses that limit the remedies available to the parties both under and outside the terms of the contract agreement. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.

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FAQ

In North Carolina, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it usually must be brought to the state's civil court system within three years. This rule can be found at North Carolina General Statutes section 1-52.

The discovery rule also applies to the North Carolina statute of limitations for personal injury cases: If an injury is not immediately apparent, the statute of limitations does not begin to run until it is or should have been discovered.

North Carolina's civil statute of limitations laws provide a three-year time limit for personal injuries, fraud, and many other causes of action, but just a one-year limit for defamation.

Civil Statutes of Limitations in North Carolina The different types of civil claims that are subject to a predetermined deadline are: Personal injury claim: Three years. Workers' compensation claim: Two years. Medical malpractice: Three years and, in some cases, four.

North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.

The following items must be submitted to the Clerk of Court: (i) complaint; (ii) summons; (iii) cover sheet; and (iv) filing fee. Venue is prescribed by statute. In civil actions, venue is typically the county in which the plaintiff or defendant resides.

Under North Carolina law judgment liens expire ten years from entry of the judgement. The bankruptcy, however, can extend the statute of limitations in favor of the pre-petition lien holder in certain circumstances.

Three Years is the Standard Time Limit for North Carolina Personal Injury Lawsuits. The North Carolina personal injury statute of limitations is spelled out at North Carolina General Statutes section 1-52, which says any lawsuit seeking a legal remedy for "injury to the person" must be filed within three years.

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North Carolina Limitation of Remedies and Damages Provisions