March 10, 2025
In North Carolina, a wrongful death claim arises when a person dies due to another party's negligence or wrongful act. 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 that:
The death was caused by the defendant's negligence or wrongful act, who owed a duty of care to the deceased.
The defendant would have been liable to the decedent if the injury had not been fatal.
There are survivors dependent on the deceased, and the death resulted in quantifiable damages, such as medical expenses, funeral costs, lost income, and emotional suffering.
In North Carolina, only the personal representative of the deceased's estate can file a wrongful death lawsuit1. This is often the executor or administrator of the estate1. 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. The lawsuit must be initiated by the personal representative within two years of the death, and also within the time period for the underlying act that caused the death.
There can be exceptions to the statute of limitations, such as:
The Discovery Rule: The statute of limitations may be extended if the malpractice was not discovered immediately. North Carolina law allows for a discovery rule, which means that the statute of limitations begins to run from the date the malpractice was discovered or reasonably should have been discovered, rather than the date of death. However, even with the discovery rule, there is an absolute cutoff of four years from the date of the malpractice, beyond which a wrongful death claim cannot be filed.
Minors and Incompetent Individuals: The statute of limitations may be suspended for a minor child of a deceased parent until the child turns 18 years old. Likewise, lack of capacity – for example, a mental impairment or an illness that keeps a person from handling his or her own affairs – may prevent the legal filing of a court action.
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: Who Can File a Wrongful Death Lawsuit in North Carolina?
