How long do we have to file an assault claim in North Carolina?: Statute of limitations and deadlines
How long do we have to file an assault claim in North Carolina? — North Carolina
Short Answer
In North Carolina, you generally have three years from the date of the assault to file a civil lawsuit for damages. If the injured person was a minor or legally incompetent when the assault happened, the deadline usually pauses until the disability ends. Claims against state agencies or employees follow different rules and deadlines. Criminal charges do not extend the civil filing deadline.
How North Carolina Law Applies
Most civil assault and battery claims in North Carolina must be filed within three years. The clock usually starts on the date of the incident because the injury is immediately known. If the person harmed was under 18 or legally incompetent at that time, the law typically delays the start of the clock until the person turns 18 or the incompetency ends. If your claim is against a state agency or state employee acting within the scope of their job, you must file under the North Carolina Tort Claims Act, which has its own filing deadline and procedure.
Example: If an adult is assaulted on January 1, they typically have until January 1 three years later to file. If a 16-year-old is assaulted on January 1, the three-year period usually begins on their 18th birthday. If the defendant is a state agency, the claim would be filed with the Industrial Commission and a different limitation applies.
Key Requirements
Assault claim accrues on the date of the incident (injury is immediately apparent).
General civil deadline: three years from the date of the assault.
Tolling for minors and legally incompetent persons until the disability ends.
Different deadline and forum if the defendant is a state agency or employee acting in the scope of employment.
Criminal prosecution is separate; it does not pause or extend the civil deadline.
Process & Timing
Assess the claim quickly: identify the date of the incident, parties involved, and damages (medical bills, lost wages, pain and suffering).
Preserve evidence: photos of injuries, medical records, police report numbers, witness names and contact information.
Confirm the correct defendant: individual, business, or (if applicable) a government entity; this affects where and how you file.
Pre-suit steps: your attorney may send a demand letter, but do not let negotiations push you past the filing deadline.
File the complaint: in small claims, district, or superior court depending on damages and issues. Serve the defendant promptly.
Litigation: expect written discovery, depositions, and mediation. Many cases settle before trial.
Special forum for state defendants: if the claim is against a state agency or employee acting within the scope of duties, file with the North Carolina Industrial Commission under the Tort Claims Act, which has its own deadline.
Minor or incompetency tolling: the deadline usually pauses, but once the disability ends, time starts running.
Government defendants: special procedures and deadlines apply; filing in the wrong forum can jeopardize your claim.
Negotiations do not extend the statute: if talks are ongoing close to the deadline, file to preserve your rights.
Wrong party or bad service: suing the wrong entity or failing to serve the defendant can lead to dismissal. Verify names and addresses early.
Voluntary dismissal and refiling: North Carolina allows a one-time voluntary dismissal without prejudice and a limited window to refile, but the original case must be timely filed. Get advice before using this tool.
Helpful Hints
Write down the incident date immediately and set reminders well before the three-year mark.
Seek medical care promptly and follow all treatment; keep bills, records, and photos of injuries.
Request the police report number and any bodycam or surveillance details as soon as possible.
Avoid social media posts about the incident or your injuries.
If a government entity may be involved, contact an attorney quickly to confirm the correct forum and deadline.
Sources & References
North Carolina General Statutes § 1-52 (three-year limitation for personal injury torts). Official text available at the North Carolina General Assembly website.
North Carolina General Statutes § 1-17 (tolling for minors and persons under disability). Official text available at the North Carolina General Assembly website.
North Carolina General Statutes § 143-299.2 (limitations under the North Carolina Tort Claims Act). Official text available at the North Carolina General Assembly website.
Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney-client relationship.
Talk to a Personal Injury Attorney
If you’re dealing with an assault-related injury and need to protect your filing deadline, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.
