North Carolina Claim Against the State

Introduction

Key Things to Know

1. 1

   The deadline is strict. Claims against State departments, institutions and agencies are forever barred unless filed with the Industrial Commission within 3 years after the claim accrues (G.S. 143-299). For wrongful death, the limit is 2 years after death. Reading the statute or contacting the Commission's Clerk's Office confirms the current rule.

2. 2

   Under the State Tort Claims Act, the Industrial Commission is constituted a court for hearing tort claims against State departments, institutions and agencies (G.S. 143-291(a)). Once the affidavit is filed, the Commission enters the case on its hearing docket and hears and determines the matter (G.S. 143-297).

3. 3

   The claim is an affidavit filed in duplicate by the claimant or the person on whose behalf the claim is made (G.S. 143-297). Because it is an affidavit, it is sworn, usually before a notary public.

4. 4

   The affidavit states the claimant's name, the State department, institution or agency involved, the employee whose negligence is alleged, the amount of damages sought, the time and place of the injury, and a brief statement of the facts and circumstances.

5. 5

   The Commission's form is NCIC Form T-1, Claim for Damages Under Tort Claims Act. The form tells self-represented plaintiffs to mail it to the Industrial Commission Clerk's Office, 1236 Mail Service Center, Raleigh, NC 27699-1236, or to use hand delivery, and tells attorneys to file through EDFP.

6. 6

   After the affidavit is filed, the State agency must file an answer, demurrer or other pleading within 30 days after receiving its copy (G.S. 143-297).

7. 7

   The State Tort Claims Act covers claims against State departments, institutions and agencies. For a city, county or other local body, contact its clerk or attorney to ask whether it requires a notice of claim and by when. A city may waive its immunity from tort liability by purchasing liability insurance (G.S. 160A-485).

North Carolina Requirements for Notice of Claim

• Three-Year Filing Limit

  G.S. 143-299: claims against State departments, institutions and agencies are forever barred unless filed with the Industrial Commission within 3 years after accrual; wrongful death, 2 years after death.

• Sworn Affidavit in Duplicate

  G.S. 143-297: the claimant or the person on whose behalf the claim is made files an affidavit in duplicate with the Industrial Commission.

• Industrial Commission Decides

  G.S. 143-291(a): the Industrial Commission is constituted a court for State tort claims; G.S. 143-297: it hears and determines the matter once the affidavit is filed.

• Agency Answer in 30 Days

  G.S. 143-297: the State agency files an answer, demurrer or other pleading within 30 days after receiving its copy of the affidavit.

• Damages Cap

  G.S. 143-299.2(a): $1,000,000 cumulative to all claimants for injury and damage to any one person from any one occurrence, less commercial liability insurance the State bought that applies to the claim.

• City Immunity and Insurance

  G.S. 160A-485: a city may waive its immunity from civil liability in tort by purchasing liability insurance.

• Required Affidavit Contents

  State the claimant's name, the State agency, the employee whose negligence is alleged, the amount of damages sought, the time and place of the injury, and the facts and circumstances.

• Filing Record

  Record the date filed and the method Form T-1 gives: mail or hand delivery to the Clerk's Office, or EDFP for attorneys.