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If someone else's carelessness or negligence causes you harm in North Carolina, you can usually file a personal injury lawsuit against them in the state's court system. But a different set of rules applies if you think a North Carolina government agency or one of its employees is to blame for your injuries or property damage. This article covers the details of the State Tort Claims Act in North Carolina, which lets you file a claim for compensation in certain situations where the government might have caused you harm.
Like every state, North Carolina is "immune" from most lawsuits over harm caused by government action. But by passing the State Tort Claims Act, the state has partially "waived" this immunity, allowing private individuals, businesses, and other parties to file claims for compensation for certain "torts" committed by a government employee or agent who is carrying out their official duties.
A "tort" is a legal term for most kinds of harmful actions, including those that cause:
The State Tort Claims Act can be found in North Carolina's laws beginning at N.C. Gen. Stat. § 143â291.
The State Tort Claims Act is meant to cover a pretty broad variety of claims, judging by the open-ended wording of the statute, which creates the right to compensation when the negligence of any employee or agent of the State—who is acting within the scope of their employment or duty—causes injury or other harm.
The Act specifies that this includes claims against:
So, the types of incidents that could give rise to a claim under the State Tort Claims Act might include:
Claims against local or municipal governments in North Carolina, including county and city boards of education, may also be covered by the State Tort Claims Act. For instance, N.C. Gen. Stat. § 143-300.1 applies to claims involving harm caused by negligence in the driving and maintenance of government-owned school buses and other school transportation services.
The North Carolina Tort Claims Act does not cover situations in which a government employee intentionally caused harm to someone else.
Anyone making a claim under the State Tort Claims Act needs to file an affidavit with the Industrial Commission, including:
After receiving a copy of the claimant's affidavit, the Attorney General's office—which typically represents any department, institution, or agency of the State that has had a claim made against it—typically has 30 days to respond to it, usually by filing an "answer" in which the state raises any defense it intends to argue (like "contributory negligence," which we'll discuss later)
Most cities and local governments in North Carolina provide information on their websites and at their offices about how to file a claim against the local government. For instance, the City of Raleigh provides a claim form and instructions on its website.
All claims are considered and decided by the state's Industrial Commission, which is authorized by state law to act much like a court in hearing and deciding claims for compensation. That means:
You can (and in many situations should) get help from a personal injury lawyer, who will put together your claim and represent your side of things in front of the Deputy Commissioner who hears your case.
Most State Tort Claims Act claims must be filed with the Industrial Commission within three years of the accident or incident on which the claim is based.
Claims of wrongful death brought under the Act must be filed by the personal representative of the deceased within two years of the death.
(N.C. Gen. Stat. § 143â299.)
Yes. The State Tort Claims Act lets the Industrial Commission charge claimants a filing fee that's equal to the one charged for civil actions in North Carolina's Superior Court Division of the General Court of Justice. Currently, that's $200. Note that this fee might be waived for indigent claimants. (N.C. Gen. Stat. § 143â291.2.)
Yes, the Act says that the claimant and the North Carolina Attorney General's office can reach an injury settlement of any claim for up to $25,000, without getting prior approval from the Industrial Commission. Settlement of claims over $25,000 can also be reached between a claimant and the Attorney General's office, but the settlement agreement needs to be reviewed and approved by the Industrial Commission. (N.C. Gen. Stat. § 143â295.)
Yes. North Carolina courts follows the rule of "contributory negligence," which says that if an injured person bears any amount of fault for their injuries, they typically won't be able to recover compensation from any other at-fault party if their lawsuit goes all the way to trial. (Get more details on North Carolina personal injury laws.)
When considering a claim brought under the State Tort Claims Act, the Industrial Commission can consider the argument of contributory negligence as a potential bar to compensation, but the claimant's fault will need to be proven by the state and its legal team. (N.C. Gen. Stat. § 143â299.1.)
Yes. A claimant can't receive more than $1 million in damages under the State Tort Claims Act.
Making an injury claim under North Carolina's State Tort Claims Act can be an intimidating prospect, especially if you're concerned about complying with the Act's strict procedural rules and sticking with the process until you get a fair result. It might make sense to discuss your situation with an experienced legal professional. Learn more about when you need a lawyer for a personal injury claim , and get tips on finding the right injury lawyer .