North Carolina § 90-21.146 Civil remedies; attorneys' fees

North Carolina Statutes

§ 90-21.146 — Civil remedies; attorneys' fees

North Carolina § 90-21.146

Ch. 90Medicine and Allied Occupations

Art. 1MBorn-Alive Abortion Survivors Protection Act

This text of North Carolina § 90-21.146 (Civil remedies; attorneys' fees) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 90-21.146 (2026).

Text

(a)Civil Remedies. - If a child is born alive and there is a violation of this Article, a claim for damages against any person who has violated a provision of this Article may be sought by the woman upon whom an abortion was performed or attempted in violation of this Article. A claim for damages may include any one or more of the following:

(1)Objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of this Article.

(2)Statutory damages equal to three times the cost of the abortion or attempted abortion.

(3)Punitive damages pursuant to Chapter 1D of the General Statutes.

(b)Attorneys' Fees. - If judgment is rendered in favor of the plaintiff in any action authorized under this section, the court shall also tax as part of the costs

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(a) Civil Remedies. - If a child is born alive and there is a violation of this Article, a claim for damages against any person who has violated a provision of this Article may be sought by the woman upon whom an abortion was performed or attempted in violation of this Article. A claim for damages may include any one or more of the following:
(1) Objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of this Article.
(2) Statutory damages equal to three times the cost of the abortion or attempted abortion.
(3) Punitive damages pursuant to Chapter 1D of the General Statutes.
(b) Attorneys' Fees. - If judgment is rendered in favor of the plaintiff in any action authorized under this section, the court shall also tax as part of the costs reasonable attorneys' fees in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, then the court shall tax as part of the costs reasonable attorneys' fees in favor of the defendant against the plaintiff. (2023-14, s. 3(a).)