March 10, 2025
In North Carolina, a wrongful death claim arises when a person dies due to another party's negligence, recklessness, or intentional misconduct. It allows the deceased's personal representative to seek compensation for losses suffered by the estate and surviving family members.
To succeed in a wrongful death case in North Carolina, the plaintiff must prove that another party was negligent and caused the crash4. Negligence is a complex legal term with four parts: duty, breach, causation, and damages.
Duty of Care: The defendant owed a duty of care to the deceased. This refers to the legal obligation to act in a reasonably safe manner to avoid causing harm to others.
Breach of Duty: The defendant breached this duty of care. Once it is proven that another party has a duty towards you, it must be proven that the duty was breached.
Causation: The defendant's breach of duty directly caused the death. The breach of duty must also cause the victim’s injuries or death.
Damages: Survivors suffered losses as a result of the death. These damages can include medical expenses, funeral costs, lost income, and loss of companionship.
In North Carolina, only the personal representative of the deceased's estate can file a wrongful death lawsuit. This means that individual family members cannot file separate lawsuits. The personal representative, who is often the executor or administrator of the estate, brings the lawsuit on behalf of all beneficiaries. The most common recipients in wrongful death claims are spouses, children, and parents.
Under North Carolina law, beneficiaries may receive compensation for the following damages in a wrongful death claim:
Medical expenses related to the injury resulting in death
The decedent's reasonable funeral expenses
The decedent's pain and suffering
The monetary value of the loss of the decedent's future net income
The monetary value of the loss of the services, protection, care, and assistance the decedent would have provided
The monetary value of the loss of the decedent's society, companionship, comfort, guidance, kindly offices, and advice
In some circumstances, punitive damages may be available.
In North Carolina, the statute of limitations for filing a wrongful death claim is two years from the date of death. Missing this deadline means losing the right to recovery.
If you need assistance with a wrongful death claim, contact Hall & Dixon for legal solutions.
Read: How to Become the Personal Representative of an Estate in North Carolina
