How to file a wrongful death lawsuit in North Carolina

In North Carolina, filing a wrongful death lawsuit can be challenging, but understanding the requirements and legal steps involved can ease the process.

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A wrongful death claim allows family members or a representative of the deceased’s estate to seek compensation when a person dies due to another’s negligence or wrongful act. Here’s an overview to guide you through filing a wrongful death lawsuit in North Carolina.

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Understanding Wrongful Death Claims

Wrongful death claims in North Carolina are governed by N.C. General Statutes § 28A-18-2. To establish a successful case, the plaintiff must demonstrate:

1. The Death Was Caused by Negligence: The defendant's actions or negligence led directly to the person’s death.
2. Duty of Care: The defendant owed a duty of care to the deceased.
3. Surviving Dependents: Family members who relied on the deceased for support survive them.
4. Quantifiable Damages: The death led to measurable losses like medical expenses, funeral costs, and lost income.

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Steps to File a Wrongful Death Lawsuit

1. Determine Who Can File the Claim

Only the personal representative of the deceased’s estate can file a wrongful death claim in North Carolina. This individual is named in the deceased's will or appointed by the court if there is no will. A personal representative is often a close family member, such as a spouse or adult child.

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2. Gather Evidence

Building a strong case involves collecting relevant evidence, such as:

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3. Consult with an Attorney

Engaging a wrongful death attorney can provide valuable guidance. An attorney can help with evidence collection, inform you of your rights, and navigate legal complexities.

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4. File the Lawsuit

Once evidence is gathered, file a complaint in the appropriate court. This document outlines the claims against the defendant and specifies the damages sought.

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5. Adhere to the Statute of Limitations

You must file a wrongful death lawsuit within two years from the date of death in North Carolina. Filing after this deadline can result in the loss of your right to pursue compensation.

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6. Engage in Discovery

After filing, both parties enter the discovery phase to exchange information and gather additional evidence supporting their claims.

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7. Settlement Negotiations

Many wrongful death cases settle out of court through negotiations between the plaintiff’s attorney and the defendant’s insurance company. The attorney will work to secure fair compensation based on the damages incurred.

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8. Trial (if necessary)

If no settlement is reached, the case may proceed to trial. Both parties present evidence and arguments, and a judge or jury determines liability and damages.

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Read: What compensation can I get for a brain injury in NC?

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Potential Damages in a Wrongful Death Claim

In a successful wrongful death lawsuit, the following damages may be recoverable:

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Filing a wrongful death lawsuit in North Carolina requires careful adherence to legal steps, evidence gathering, and timely filing within the statute of limitations. Working with a skilled attorney can improve your case’s effectiveness and help ensure you receive fair compensation for your loss. If you believe you have a basis for a wrongful death claim, acting promptly is crucial to protect your rights and secure justice for your loved one.

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