Injured By a State Employee? What is the Tort Claim Act?

Both North Carolina and South Carolina have Tort Claims Acts, which governs tort, or more simply negligence actions, against the respective States, and every county and governmental entity within them.  For example, the Tort Claim Act of North Carolina would apply if you were injured by the negligence of a North Carolina State Trooper.  Essentially, any governmental function in any county, city, or town is protected by the Tort Claims Act.  The Tort Claims Act of both North Carolina and South Carolina are limited remedies.  The reality of the Tort Claims Acts is that they limit the liability of the States for the negligence of their employees, agents, and entities.

The South Carolina Tort Claims Act has a damage cap of $600,000 for any one single event, no matter how many governmental agents were involved in the action that caused the harm, or how many innocent people were hurt.  Of this $600,000, a cap of $300,000 is set on the recovery for a single individual.  In North Carolina, the Tort Claims Act is capped at $1,000,000.  In South Carolina, the statute of limitations for filing a complaint is generally two years, but can be extended to three years if certain requirements are met.  In North Carolina, the statute of limitation is generally three years, but is two years for a wrongful death action.  Each state has available to it a number of defenses and exceptions, making the filing of Tort Claims actions quite complicated.

If you have been injured by an employee of the State of North Carolina, or the State of South Carolina, please give us a call so that we may assess if you have a claim under the applicable state Tort Claim Act.  Tippens & Zurosky represents people injured on the job and in automobile accidents in North Carolina and South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!