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 Charlotte, NC, you must prove four key elements: duty of care, breach of duty, 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. A breach of duty occurs when the defendant fails to act with reasonable care or acts in a way that puts others at risk.
Causation: The defendant's breach of duty directly caused the 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.
While it is not legally required to have an attorney to file a wrongful death claim in North Carolina, the legal process can be confusing, especially when you have so much on your mind.
An experienced wrongful death attorney can help you navigate the complexities of the law, investigate your claim, gather evidence, negotiate with insurance companies, and represent you in court if necessary. They can also help you organize your loved one’s estate and ensure that your family is prepared for a future without them.
In North Carolina, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The personal representative is usually the executor or administrator of the decedent’s estate. To file a wrongful death lawsuit in North Carolina, a surviving family member or another party must petition the court for appointment as the executor or administrator of the decedent’s estate.
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
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.
The statute of limitations on a wrongful death claim in North Carolina is two years from the date of a person’s passing, but may be different if the injury that eventually caused their death occurred more than two years before their passing.
If you need assistance with a wrongful death claim, contact Hall & Dixon for legal solutions.
Read: Can Multiple Family Members File Separate Wrongful Death Lawsuits?
