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 crash. 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.
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.
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, only the personal representative of the deceased's estate can file a wrongful death lawsuit. The personal representative is responsible for initiating a wrongful death lawsuit on behalf of the closest relatives of the victim. This is usually the executor or administrator of the estate. The personal representative is appointed by the court and is responsible for managing the deceased person’s estate.
The personal representative is typically an individual named in the will of the deceased (or appointed by the court to administer the estate if there is no will) and serves in the name of the decedent’s estate for the benefit of the decedent’s surviving family members. Sometimes a decedent does not leave a will nominating an executor, or no estate is opened after a decedent’s death. In those cases, the decedent’s family can petition the court to appoint a personal representative to pursue the wrongful death claim.
If the victim died with a will, then the personal representative will generally be the executor appointed in the will. If there is no will or other estate planning documents in place, then a court will name a personal representative for the deceased. The representative may be the victim’s surviving spouse, an adult child, or another close family member.
Read: Can You File a Wrongful Death Claim If the Deceased Was Partially at Fault?
Under North Carolina law, survivors may receive compensation for the following damages in a wrongful death claim:
The decedent's medical expenses associated with the injury resulting in death;
The decedent's reasonable funeral expenses;
The decedent's pain and suffering;
The monetary value of the loss of the decedent's future net income;
The monetary value of the loss of the services, protection, care, and assistance the decedent would have provided; and,
The monetary value of the loss of the decedent's society, companionship, comfort, guidance, kindly offices, and advice.
In some circumstances, punitive damages may be available. Punitive damages are designed to punish the responsible party and to deter future similar 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 a personal representative fails to bring the lawsuit within two years of the date of death, the cause of action and any potential recovery is typically barred.
The statute of limitations can be extended or impacted in special circumstances, such as:
The Discovery Rule: If the cause of death was not immediately apparent and was discovered later, that situation would thereby delay the statute of limitations.
Minors and Incompetent Individuals: If any potential beneficiary is under a legal disability (e.g., a minor or someone deemed legally incompetent), the statute of limitations may be tolled (meaning, the period stops running) until that person becomes a legal adult or is no longer under a disability.
If you need assistance with a wrongful death claim, contact Hall & Dixon for legal solutions.
Read: Understanding Contributory Negligence in NC Wrongful Death Cases
