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 prove that another party was negligent and caused the crash1. Negligence is a complex legal term with four parts: duty, breach, 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. Examples of duty include the responsibility of drivers on the road to be safe and sober and follow the rules or the duty that companies have to ensure that their products are safe for their intended use.
Breach of Duty: The defendant breached this duty of care. Once it is proven that another party has a duty towards you, it must be proven that the duty was breached.
Causation: The defendant's breach of duty directly caused the death. The breach of duty must also cause the victim’s injuries or death. Medical testimony is usually required to prove causation, except in cases where no one would dispute that the crash caused the injury.
Damages: Survivors suffered losses as a result of the death. These damages can include medical expenses, funeral costs, lost income, and loss of companionship.
In North Carolina, the doctrine of contributory negligence essentially bars an injured party from receiving recovery if the damages suffered are partially their own fault. North Carolina is one of only a few states to still follow this old common law principle.
Under this rule, whenever a person is found to share any responsibility for his or her damages, they are barred from recovering compensation for those damages. This means that even if you are found to be only 1 percent at fault for an accident, you cannot collect damages from the other party, despite the other party being 99 percent at fault.
If you are injured in an accident in North Carolina and believe you were partially at fault, you may wonder if your role in the incident could harm your personal injury case. Under the contributory negligence doctrine in North Carolina, you are barred from receiving money for your injuries and losses if you were at all responsible for the accident.
In other words, even if another party was 99 percent at fault for the accident, and you were just 1 percent liable, you are ineligible to receive any money from them in a personal injury case.
Contributory negligence can have a huge impact on your case in the state of North Carolina. Due to this law, if the defendant is able to prove that you are in any way partly responsible and at fault for the accident, you could risk losing compensation for the accident.
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.
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.
Read: Can You File a Wrongful Death Claim If the Deceased Was Partially at Fault?
