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★ North Carolina · head & brain

Head & brain settlements
in North Carolina.

By Reviewed by Abd Shanti, Founder9 min read

Brain injuries are often invisible on scans, and North Carolina juries have accepted them on the word of neuropsychologists and treating doctors: $900,000 in one truck crash and $6 million in another. The contributory negligence rule still decides some cases before a jury ever sees them.

Facts that decide a head & brain claim in North Carolina

Fault ruleContributory negligence: if your own carelessness helped cause the harm, you recover nothing. The Supreme Court applied the rule again in 2025.Moseley v. Hendricks (N.C. 2025)
Deadline to sueThree years for personal injury claims.N.C.G.S. § 1-52(16), as described in Upchurch v. Harp Builders (N.C. 2024)
Claims against the StateTort claims against the State go to the Industrial Commission within three years, with a cap of $1 million per person.N.C. Gen. Stat. §§ 143-291, 143-299; see our notice table
Seat belt useNot wearing a seat belt is not admissible in any civil trial.N.C. Gen. Stat. § 20-135.2A(d); see our seat belt table
united states · sister site
Your head & brain claim in North Carolina. See the number for your own case.

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★ NC · reported head & brain outcomes

What North Carolina courts have awarded.

Real North Carolina decisions and verdicts, each linked to the court record or official report.

  • Hammel v. USF Dugan
    North Carolina Court of Appeals · 2006
    $6,000,000 verdict, affirmed

    Francis Hammel, a self employed truck driver, was hit by a USF Dugan truck in 1999. The company admitted liability and conceded his orthopedic injuries but contested his closed head injury. His psychiatrist, primary care doctor, speech pathologist and neurologist all testified that he had a brain injury, the jury awarded $6,000,000, and the Court of Appeals affirmed.

  • Curry v. Baker
    North Carolina Court of Appeals · 1998
    $900,000 verdict, affirmed

    Carlton Curry entered a Charlotte intersection on a green light at about seven miles per hour when a tractor trailer ran the red at 40 to 45 miles per hour. The defendants admitted negligence but argued Curry should have seen the truck. His brain injury evidence came from a clinical neuropsychologist and a vocational evaluator. The jury found no contributory negligence and awarded $900,000, which was affirmed.

  • Moseley v. Hendricks
    Supreme Court of North Carolina · 2025
    Summary judgment for defendants, affirmed

    After a round of golf in Wilson during which he drank heavily, Glenn Moseley sat texting in a golf cart parked past the end of a driving range fence. A ball hit by Johnny Hendricks struck him and injured his eye. The Supreme Court held he was contributorily negligent as a matter of law and affirmed judgment for Hendricks and the City of Wilson; two justices dissented.

★ NC · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in North Carolina.

  1. 1

    Brain injury proof can come from several specialists. Hammel’s four treating witnesses outweighed the defense neurologist.

  2. 2

    A neuropsychologist alone can carry the claim. Curry’s $900,000 verdict rested on neuropsychological testing.

  3. 3

    Your own conduct matters before trial. Moseley never reached a jury because the court found him careless as a matter of law.

★ NC · statute of limitations
3 years from date of injury

N.C. Gen. Stat. § 1-52

★ NC · fault rule
Pure contributory negligence

Pure contributory negligence, 1% claimant fault bars recovery. North Carolina retains the rule by judicial decision and has resisted legislative repeal.

★ NC · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in North Carolina.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How North Carolina's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
North Carolina · you are herePure contributory negligence3 years from date of injury—
South CarolinaModified comparative, 51% bar3 years from date of injurySC · head & brain →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · head & brain →
TexasModified comparative, 51% bar2 years from date of injuryTX · head & brain →
VirginiaPure contributory negligence2 years from date of injuryVA · head & brain →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · head & brain →
AlabamaPure contributory negligence2 years from date of injuryAL · head & brain →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · head & brain →
MarylandPure contributory negligence3 years from date of injuryMD · head & brain →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain →
OhioModified comparative, 51% bar2 years from date of injuryOH · head & brain →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · head & brain →
OregonModified comparative, 51% bar2 years from date of injuryOR · head & brain →
★ NC · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
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Sources

Checked 2026-09-29.

★ all of NC
North Carolina overview

Fault rule, statute, caps, and key facts for North Carolina as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in North Carolina. See /methodology, /sources, and /disclaimer.