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Last Modified on Jan 18, 2026
Wrongful death claims in North Carolina provide compensation for surviving family members. They can also hold responsible parties accountable for a loved one’s death. North Carolina laws provide for who may file a wrongful death claim, what types of loss may be considered, and how damages may be calculated.
A wrongful death claim is a legal process that can be confusing to families already struggling with the sudden loss of a loved one. Understanding how North Carolina wrongful death claims are handled can provide much-needed clarity in an otherwise difficult time.
Hire a Wrongful Death Lawyer
Roberts Law Firm, P.A., has provided legal services to individuals and families throughout North Carolina since 1964. The firm has handled numerous personal injury and wrongful death cases resulting from negligence and misconduct.
The attorneys at Roberts Law Firm, P.A., are experienced in dealing with state and federal courts, North Carolina wrongful death laws, and insurance company practices. We offer knowledgeable and careful legal guidance to families who are seeking clarity about their legal rights. We can compassionately explain their options after the death of a loved one.
Who Is Legally Allowed to File a Wrongful Death Claim in North Carolina?
In North Carolina, a wrongful death action is typically required to be brought by the personal representative of the decedent’s estate, not by family members individually, per N.C. Gen. Stat. § 28A-18-2(a). Families should understand North Carolina car accident laws if the fatality resulted from a collision on the road.
An estate’s personal representative may be the executor named in the decedent’s will, or they may be the administrator appointed by the clerk of the relevant superior court in a case of intestacy. While a spouse, child, or parent of the decedent is likely to be a beneficiary of any compensation awarded, they have no standing to bring the action in their own names unless they are the estate’s personal representative.
Available Damages in North Carolina Wrongful Death Cases
Damages available in a North Carolina wrongful death action are limited to those categories described in N.C. Gen. Stat. § 28A-18-2(b). These are:
- Expenses incurred from the injury that caused the decedent’s death
- The decedent’s pain and suffering before death
- Funeral and burial expenses,
- The present monetary value of the decedent’s life to the beneficiaries entitled to recover damages
It is also helpful to see how cargo shift causes rollover truck crashes when evaluating liability in fatal commercial vehicle accidents.
Punitive damages may be recovered if:
- The decedent could have claimed for punitive damages had they survived.
- The death was caused by malice or willful or wanton conduct, as provided by statute.
North Carolina case law is clear that a North Carolina court will only award damages within the categories set out in the statute.
How Wrongful Death Claims Differ From Criminal Proceedings
In general, a wrongful death claim is a civil action, so it is legally separate from any potential criminal prosecution that may arise from the same death. A civil wrongful death case is about financial responsibility and statutory damages, while a criminal case concerns punishment and public safety. Therefore, a wrongful death claim may be pursued, even if:
- No criminal charges are filed.
- Criminal charges are filed, but the case results in an acquittal.
The standards of proof are lower in a civil action than in a criminal case, and the result of one action does not necessarily control the other. North Carolina’s wrongful death statute, Chapter 28A-18-2 of the North Carolina General Statutes, applies, rather than the criminal code.
Time Limits and Procedural Requirements for Filing a Claim
N.C. Gen. Stat. § 1-53(4) provides a short statute of limitations for a wrongful death action. You should be aware of the North Carolina personal injury statute of limitations to ensure you do not miss the specific two-year deadline for fatal claims. The claim must be brought within two years of the date of death, and a delay in filing generally bars the claim from being heard at all, even if it has merit.
In addition to this limitation period, various procedural requirements apply to a wrongful death claim, including:
- Estate administration
- The appointment of a personal representative
- Court rules for civil actions
These procedural steps must be taken in addition to filing a claim before the case will be heard by a court.
FAQs
Does a Wrongful Death Claim Require Probate to Be Opened First?
Yes, a court-appointed personal representative is necessary to bring a wrongful death claim, though not always a full probate proceeding. The action must be initiated by a court-appointed personal representative, so some court involvement is generally necessary to appoint a suitable person, who will manage the estate and conduct litigation on behalf of the heirs. The timing and extent of estate administration can impact when a claim may be formally initiated.
How Are Wrongful Death Settlements Distributed to Family Members?
Wrongful death proceeds are generally distributed by the estate according to North Carolina’s intestate succession statutes, rather than the terms of the will. If approved, expenses such as litigation costs and any allowable medical or funeral costs are paid first. Then, the balance of the award is distributed to the deceased’s statutory heirs by the personal representative, in accordance with the rules for intestate distribution.
Can a Wrongful Death Claim Be Filed After a Workplace Fatality?
In many cases, a wrongful death claim will still be available following a workplace fatality, though there are some situations where workers’ compensation law applies to the estate’s claims for damages.
A third-party claim may also be available where the injury was contributed to by another entity other than the deceased worker’s employer. In those cases, additional legal analysis is necessary to see whether a claim outside the workers’ compensation system is available to the estate.
What Happens If the At-Fault Party Dies Before a Claim Is Filed?
If the liable party passes away before a wrongful death case is filed, it may still be possible to pursue the claim against the party’s estate. In those cases, the action is generally filed in a manner similar to other claims against a deceased individual, though some additional procedural rules may apply, including unique notice requirements and limitations based on the estate claims period. A wrongful death attorney can explain how these affect your specific claim.
Contact a North Carolina Wrongful Death Lawyer
The death of a loved one due to another party’s conduct raises complex legal and procedural issues under North Carolina law. Wrongful death actions are subject to various statutory requirements that affect standing, timing, and recovery.
Roberts Law Firm, P.A., represents families throughout North Carolina. We can assess wrongful death issues and explain how the law applies following a fatal accident. Hire a dedicated wrongful death lawyer today. Contact our office to book a consultation.
