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 establish four key elements:
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. A breach occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances.
Causation: The defendant's breach of duty directly caused the death. This involves showing that the death would not have occurred if not for the defendant's actions or inaction.
Damages: Survivors suffered losses as a result of the death. These damages can include medical expenses, funeral costs, lost income, and loss of companionship.
Several circumstances can lead to wrongful death claims. Some of the most common include:
Car Accidents: Negligent driving behaviors, such as speeding, drunk driving, and distracted driving, often result in fatal accidents.
Truck Accidents: Driver fatigue, overloaded trucks, and brake or tire failures can lead to fatal commercial vehicle accidents.
Medical Malpractice: Mistakes made by doctors, nurses, or hospitals can lead to patient fatalities. Examples include misdiagnosis, surgical errors, medication errors, and anesthesia mistakes.
Workplace Accidents: Fatal workplace accidents are common in hazardous industries like construction, manufacturing, and oil fields. Causes can include falls from heights, electrocutions, and heavy machinery accidents.
Pedestrian and Bicycle Accidents: Negligence on the part of drivers can lead to fatal accidents involving pedestrians and cyclists.
In North Carolina, only the personal representative of the deceased's estate can file a wrongful death lawsuit. This is often the executor or administrator of the estate. If there isn’t a surviving parent, spouse, or child, the personal representative of the estate may also bring forward the claim.
Compensation may be sought for losses, which include:
Medical expenses related to the incident that caused the death
The victim’s pain and suffering if they did not die instantly
Reasonable funeral expenses
Loss of the victim’s future income
Loss of the victim’s services, protection, and care
Loss of the victim’s companionship, comfort, guidance, and society
Punitive damages may also be sought if the death was caused by malicious, willful, or wanton conduct.
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. Hall & Dixon is located in Charlotte, North Carolina, at 725 E. Trade Street Suite 115. You may schedule an appointment by filling out a form or contacting their office directly.
Read: How Negligence is Defined in North Carolina Wrongful Death Cases
