What is the North Carolina Tort Claims Act?

When our lawyers file personal injury and wrongful death claims, we focus on everyone responsible for your injuries. In most cases, another person or a business is responsible for your accident. For example, in a trucking accident, the truck driver or the truck driver’s employer may be liable. There are situations where the state of North Carolina, a political subdivision (such as a county or city), or an agency (such as the North Carolina Department of Transportation) may also be liable.

Sovereign immunity

Generally, accident victims cannot file a claim against the government (or any entity or agency) unless there are specific laws that permit the lawsuit. The North Carolina government has “sovereign immunity” from lawsuits, without such a specific statutory exception. The reason for limiting lawsuits against the government is that the government provides numerous valuable services for its residents. The arguments for sovereign immunity are that the government should be encouraged to protect its resources and the damage awards could limit its ability to provide assistance.

How does the North Carolina State Tort Claims Act affect my negligence claim against the government?

The North Carolina Tort Claims Act (NCTCA) gives individuals the right to sue the government, provided they meet specific requirements, including giving the state (or an entity/agency) timely notice of their claim.

The NCTA waives sovereign immunity for many types of personal injury and wrongful death claims, but there are also many improper acts that are not waived, such as intentional misconduct by an employee without the knowledge of the government.

Please know that you cannot obtain damages for your injuries or the death of a loved one if the accident victim is partly liable for the accident.

What types of claims can I file against the North Carolina government when accidents happen?

Some of the types of accidents that our Charlotte personal injury lawyers handle that may justify a claim against North Carolina or any of its counties, cities, or agencies include the following:

• A car, truck, or any other type of vehicle accident in which the government’s negligence caused the accident. Examples include:
  • Accidents where a governmental employee is the driver or the driver’s negligence (such as speeding or driving while distracted) is the cause of the accident.
  • Accidents where poor road design, such as the failure to have traffic signals or signs at intersections known for a high number of accidents, is the cause of the accident.
  • The failure of the government to remove snow on the road, direct traffic during construction that the North Carolina Department of Transportation monitors, make timely repairs to dangerous road conditions, or the failure to properly warn drivers of dangerous road conditions.

Generally, the North Carolina Department of Transportation is responsible for state roads. Local governmental units (counties and cities) may be responsible for local roads.

• A governmental office may be liable, in a premises liability claim, for failing to inspect its property, make timely repairs, or warn customers of known dangers. For example, a government office may be liable if someone falls and injures their spine because the government failed to fix loose railings that the government knew about.

The government can assert defenses, such as that a driver was contributorily negligent or that someone who fell was aware of the possible danger.

What are the time limits and notice requirements for filing a claim against the government?

Claims must be filed with the North Carolina Industrial Commission within three years of the injury or two years from the date of death in wrongful death cases. The notice requirements vary depending on where the accident happens

Additionally, the victim must file a formal complaint within three years from the date of the accident. Please contact us as soon as possible. We need time to investigate the accident while everyone remembers what happened, to ensure you’re seeing the doctors you need to see, and to give you peace of mind that your case is being handled by experienced attorneys. Generally, accident victims must file their formal personal injury or wrongful death complaint within the statute of limitations period, or their claim will be forever barred.

What is the role of the North Carolina Industrial Commission in NCTA cases?

The North Carolina Tort Claims Act provides that claims based on the North Carolina Tort Claims Act are filed with the N.C. Industrial Commission (NCIC).  A deputy commissioner of the NCIC hears the case. You can appeal a decision to the full Commission. The decision of the Commission can be appealed to the N.C. Court of Appeals.

Are there caps on how much I can recover in a negligence claim against the North Carolina government?

Unlike other personal injury and wrongful death claims (some exceptions may apply), if you file a claim against the government of North Carolina, there is a cap on the amount you can receive (whether by settlement or through the North Carolina Industrial Commission). The cap is one million dollars ($1,000,000) for any one accident/occurrence. (N.C.G.S. §143-299.2).

The damages you can receive are similar to those you can receive by filing a personal injury or wrongful death claim.  Personal injury damages include all of your current and future medical bills, lost income, pain and suffering, property damage, and any other financial or personal damages.

Wrongful death damages include the funeral and burial costs, the loss of financial and personal support (companionship, society, guidance, comfort,  and advice) your loved one would have provided.

At Price Petho & Associates, we hold everyone responsible for your accident accountable for your injuries, if they violate their legal duty to protect you. Our Charlotte personal injury lawyers have helped many accident victims like you obtain strong recoveries. Contact us today to schedule a free consultation. We have offices in Charlotte, Rutherfordton, and Rockingham.