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 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.
There can be exceptions to the statute of limitations, such as:
The Discovery Rule: The statute of limitations may be delayed if the cause of death was not immediately apparent.
Minors and Incompetent Individuals: The statute of limitations may be paused until the person reaches legal adulthood or is no longer under a disability if a potential beneficiary is under a legal disability.
Read: Navigating the Industrial Commission Process for Denied NC Workers' Comp Claims
