Personal Injury in North Carolina

North Carolina is one of only four states that follows pure contributory negligence — if the plaintiff is even 1% at fault, they are completely barred from recovery. This makes North Carolina one of the most challenging states for personal injury plaintiffs and dramatically affects case evaluation and attorney strategy. Contingency fees are typically 33.33% pre-trial and 40% at trial. The strict contributory negligence standard means insurance companies are more aggressive in denying claims. North Carolina has a three-year statute of limitations for personal injury claims. The state requires mediation in most civil cases exceeding $25,000. Workers' compensation claims are handled through the NC Industrial Commission with separate fee structures. North Carolina has no caps on compensatory damages in most personal injury cases. Auto insurance minimum requirements in North Carolina include $30,000 per person bodily injury liability.