March 16, 2025
Losing a loved one due to someone else’s negligence or wrongful actions can be overwhelming. In North Carolina, taking the right steps immediately after a wrongful death is crucial to protect your family’s rights and ensure justice.
Contact Law Enforcement: If the death resulted from an accident or crime, notify the police immediately. Ensure an official report is filed, as this will serve as critical evidence in any wrongful death claim.
Request Medical Records: Obtain medical records and the death certificate, which will detail the cause of death and may support your claim.
In North Carolina, only the personal representative (executor or administrator) of the deceased’s estate can file a wrongful death lawsuit.
If the decedent had a will, the named executor serves as the representative. If no will exists, the court will appoint an administrator, often a close family member.
Collect and secure any evidence related to the incident, such as photographs, witness statements, or accident reports.
Avoid tampering with or discarding potential evidence that could support your claim.
Wrongful death claims are complex and time-sensitive. An attorney can guide you through filing deadlines, evidence collection, and negotiations with insurance companies.
Attorneys can also help identify all liable parties and maximize compensation for damages such as medical bills, funeral expenses, lost income, and emotional suffering.
In North Carolina, wrongful death claims must be filed within two years from the date of death under the statute of limitations (N.C. Gen. Stat. § 1-53). Missing this deadline will likely bar your claim.
Inform relevant insurance companies of your intent to file a claim, including auto or homeowner’s insurance if applicable to the incident. Be cautious when speaking with insurers; consult your attorney before accepting any offers or providing statements.
The personal representative must open an estate in probate court to manage assets and debts on behalf of the deceased before pursuing a wrongful death lawsuit.
Navigating a wrongful death case requires legal expertise to handle procedural requirements and negotiate with opposing parties effectively. Contacting an attorney early ensures that you meet deadlines and build a strong case for compensation.
If you need assistance with a wrongful death case in North Carolina, contact Hall & Dixon for professional support. Their experienced attorneys can help you through this challenging time with compassion and expertise.
Read: Can Businesses Be Sued for Wrongful Death Caused by Their Employees?
