Wrongful Death Laws in North Carolina
When a family loses someone unexpectedly because of another person’s negligent or intentional actions, the aftermath can be devastating. In North Carolina, wrongful death laws allow certain surviving relatives to pursue legal action and seek compensation for the harm caused. These claims can’t bring your loved one back, but they can provide critical financial support and a measure of accountability.
Who Can File a Wrongful Death Claim in North Carolina?
In North Carolina, the personal representative of the deceased person’s estate is the only person who can file a wrongful death claim. This individual may be named in the deceased’s will or appointed by the court if there is no will.
While the representative manages the legal process, any compensation secured is distributed to the heirs of the estate, which usually includes the spouse, children, or other close family members.
What Situations Qualify as Wrongful Death?
A wrongful death claim arises when someone dies because of another person’s negligence, recklessness, or intentional act. Common causes include:
- Car and truck accidents
- Motorcycle crashes
- Medical malpractice
- Nursing home abuse or neglect
- Workplace fatalities
- Defective or dangerous products
- Criminal assaults or acts of violence
- Dangerous property conditions
If the deceased could have filed a personal injury lawsuit had they survived, then their estate may pursue a wrongful death claim.
Damages Available in North Carolina Wrongful Death Claims
North Carolina allows families to seek a range of economic and non-economic damages, including:
- Medical bills related to the fatal injury
- Funeral and burial expenses
- Loss of income and future earnings
- Loss of companionship, services, protection, and guidance
- Pain and suffering experienced by the deceased before death
- Punitive damages (in cases of willful or malicious conduct)
These damages aim to cover both the financial impact and emotional loss suffered by the surviving family.
Deadline for Filing a Wrongful Death Claim in North Carolina
North Carolina has a two-year statute of limitations for wrongful death lawsuits. This means you must file the claim within two years from the date of death, or you risk losing your right to recover compensation.
Because some cases involve complex facts or government entities, it’s a good idea to speak with a lawyer as soon as possible.
Car Accidents and Wrongful Death in North Carolina
Car accidents are one of the most common causes of wrongful death in North Carolina. If your loved one died in a crash caused by another driver’s negligence—such as speeding, impaired driving, or distracted driving—you may have grounds for a wrongful death claim.
North Carolina follows a contributory negligence rule, which means if the deceased was even 1% at fault, the claim may be barred. This makes it especially important to have strong legal representation when pursuing a wrongful death case.
Work-Related Deaths in North Carolina
If someone dies in a workplace accident, their family may qualify for workers’ compensation death benefits, which include wage replacement and funeral costs.
However, if a third party—like a subcontractor, property owner, or product manufacturer—contributed to the death, the estate may file a separate wrongful death lawsuit for additional damages.
Frequently Asked Questions About Wrongful Death in North Carolina
Can I file a claim if I’m the deceased’s sibling?
Only the personal representative of the estate may file the claim. Siblings may receive compensation if they are legal heirs but must be appointed by the court to file.
Are punitive damages allowed in North Carolina?
Yes, punitive damages may be awarded in cases involving intentional harm or gross negligence. These damages are meant to punish the wrongdoer and deter similar conduct.
What if the person responsible was not charged with a crime?
You can still pursue a wrongful death claim. A civil lawsuit does not depend on criminal charges or convictions.
What happens if the deceased had no will?
If there is no will, the court will appoint a personal representative—often a spouse or close relative—who can legally bring the wrongful death lawsuit.
Contact a North Carolina Wrongful Death Lawyer
If you’ve lost a loved one in a fatal accident or due to someone else’s actions, a North Carolina wrongful death attorney can help you understand your rights and guide you through the legal process. You may be entitled to compensation that can ease the financial burdens left behind. Reach out today to speak with a lawyer who can help you take the next step forward.