Government Tort Claims in North Carolina
If you’re involved in an accident in North Carolina that was someone else’s fault, you generally have the right to file a personal injury claim against them and seek compensation. However, what happens when the party responsible for your injury is the government rather than a private individual?
Suing a government entity in North Carolina isn’t nearly as straightforward as filing a typical personal injury lawsuit. Governmental entities are protected by a legal doctrine known as sovereign immunity, which limits when and how they can be sued. However, North Carolina law provides a path forward in certain situations through the North Carolina Tort Claims Act.
Read on to learn how government tort claims work in this state and what steps you may need to take to pursue one.
What Is Sovereign Immunity?
Sovereign immunity is a longstanding legal principle that shields the government from being sued without its consent. The idea has roots in English common law, where the “crown” was considered above legal challenge. In the United States, that concept carried over and applies at both the federal and state levels.
In North Carolina, sovereign immunity means that government agencies and their employees are generally protected from civil lawsuits. Without a specific legal exception, an injured person cannot bring a claim against the government, no matter how clear their negligence may be.
This is where the North Carolina Tort Claims Act comes into play.
The North Carolina Tort Claims Act
The North Carolina Tort Claims Act (N.C. Gen. Stat. Section 143-291 et seq.) partially waives the state’s sovereign immunity and gives individuals the ability to seek compensation when a state employee’s negligence causes them harm.
The Act covers a range of situations, including:
- Car accidents involving state-owned vehicles
- Slip and fall accidents on government-maintained property
- Harm caused by poorly maintained roads/public infrastructure
- Negligence related to the operation of government-run facilities
- Accidents involving government-owned school buses and other school transportation
For a valid claim, you need to show that a state employee owed you a duty of care, that the employee breached that duty while acting within the scope of their job, and that the breach directly caused your injuries and damages. These cases are not heard in a traditional courtroom. Instead, they are filed with and decided by the North Carolina Industrial Commission.
Important Limitations You Should Be Aware Of
Government tort claims in North Carolina come with several restrictions that do not apply to standard personal injury cases. Knowing how these limits work before you file your claim is essential.
The limitations include:
- Damages cap: The maximum amount you can recover under the Tort Claims Act is $1 million. This cap applies to the total amount awarded across all parties claiming injury from a single incident.
- No intentional tort claims: The Act only covers negligence. If a government employee intentionally caused you harm, the Tort Claims Act does not apply, and your legal options may be more limited.
- Contributory negligence: North Carolina follows a strict contributory negligence rule. If you are found to have been even slightly at fault for the incident that caused your injuries, you could be barred from recovering any compensation at all.
- Filing deadlines: Personal injury claims under the Act must be filed with the Industrial Commission within three years of the date the injury occurred. Wrongful death claims carry a shorter deadline of two years from the date of death.
An experienced personal injury lawyer can help you determine how these aspects of the law apply to your particular circumstances during a free consultation.
Claims Against Local Governments
The rules for suing a city or county in North Carolina are different from those that apply to the state. Local governments also enjoy sovereign immunity, but they can waive that protection by purchasing liability insurance. If a city or county has purchased an insurance policy, its immunity is waived up to the limits of that policy.
This means that if a local government entity caused your injury and it carries liability coverage, you may be able to bring a claim. However, your recovery will be limited to the amount of the insurance policy. Claims against local governments are typically filed in Superior Court rather than the Industrial Commission.
Contact the Charlotte Personal Injury Attorneys at Chandler Volta Personal Injury Lawyers for Help Today
If you believe a government employee or agency caused you to sustain an injury, you may have the right to file a tort claim under North Carolina law. However, the process is more complex than a typical personal injury case. The sooner you seek legal advice and get started on your claim, the better.
At Chandler Volta Personal Injury Lawyers, we can help you understand whether you may have a claim against a state or local government entity. Our team can review what happened, explain the deadlines that may apply, and help you take the next steps. Contact us today at (704) 980-9999 for a free consultation with a Charlotte personal injury lawyer to learn more about your legal options.