A Clear Guide to Wrongful Death Claims in North Carolina

What “Wrongful Death” Means

Losing a loved one is devastating, and the grief can be compounded by confusion about what happened and what comes next. In legal terms, a “wrongful death” occurs when a person dies because of another party’s wrongful act, neglect, or default—conduct that would have entitled the person to file a personal injury claim if they had survived.

In North Carolina, wrongful death claims are governed primarily by N.C. Gen. Stat. § 28A-18-2. These cases are civil (not criminal) and are intended to help families pursue accountability and financial stability after a preventable death.

At Vasquez Law Firm in Charlotte, we approach these cases with two priorities: treating families with genuine care and building the strongest claim the law allows.

Common Situations That May Lead to a Wrongful Death Claim

Wrongful death claims can arise from many types of negligence or misconduct. Some of the most common include:

• Motor vehicle crashes (car, truck, motorcycle), including drunk or distracted driving
• Commercial trucking collisions involving fatigued driving, unsafe loading, or poor maintenance
• Medical negligence such as misdiagnosis, surgical errors, medication mistakes, or delayed treatment
• Workplace incidents including construction accidents, falls, or electrocution
• Unsafe premises (property hazards, negligent security, dangerous conditions)
• Defective products including faulty auto parts, medical devices, or consumer products
• Nursing home neglect or abuse leading to fatal injuries or complications

Not every tragic death is a wrongful death. The key question is whether someone’s negligence or wrongful conduct caused or substantially contributed to the death.

Who Can File a Wrongful Death Claim in North Carolina?

A common misconception is that any close family member can file. In North Carolina, the lawsuit must be filed by the personal representative (also called the executor or administrator) of the deceased person’s estate.

• If the deceased had a will, the personal representative is typically the executor named in the will.
• If there is no will, the court can appoint an administrator (often a spouse or close family member).

Although the personal representative files the claim, any recovery is generally distributed to eligible beneficiaries under North Carolina’s intestate succession rules (even if there is a will), with certain exceptions.

Actionable step: If you are unsure who the personal representative is—or whether one has been appointed—an attorney can help you start the estate process and confirm who has legal authority to act.

What Must Be Proven in a Wrongful Death Case?

Most wrongful death cases are based on negligence. To succeed, the claim generally must establish:

1. Duty of care: The defendant owed the deceased a legal duty (for example, drivers must operate vehicles safely).
2. Breach: The defendant failed to meet that duty (speeding, ignoring safety protocols, failing to diagnose, etc.).
3. Causation: The breach caused the death (or was a substantial contributing factor).
4. Damages: The death resulted in legally compensable losses.

Some cases involve intentional acts (such as assault) or recklessness. The legal theory may change, but the focus remains on proving responsibility and the resulting losses.

Damages Available Under North Carolina Wrongful Death Law

North Carolina law allows recovery of several categories of damages. Under N.C. Gen. Stat. § 28A-18-2, damages may include:

• Medical expenses related to the injury that led to death
• Compensation for pain and suffering experienced by the deceased before passing (when supported by evidence)
• Funeral and burial expenses
• Loss of the deceased’s income and benefits, including the value of services the person would have provided
• Loss of companionship, society, comfort, guidance, and support (often significant for spouses and children)
• Punitive damages in certain cases (for example, when the defendant’s conduct was willful, wanton, or involved aggravating factors such as impaired driving)

Every family’s losses are different. A thorough claim looks beyond immediate bills and considers the long-term impact on the household, including the value of caregiving, parenting, and support the loved one provided.

Practical tip: Keep records of all expenses and losses—medical bills, funeral invoices, travel costs, time missed from work, and any documentation showing the deceased’s income and benefits.

How Wrongful Death Claims Differ from Criminal Cases

Families sometimes assume a wrongful death claim requires a criminal conviction. It does not.

• A criminal case is brought by the state and may result in jail time or probation.
• A civil wrongful death case is brought by the estate’s personal representative and seeks financial compensation.

A civil case can proceed even if no criminal charges are filed, and the standard of proof is different. Civil cases generally require proof by a preponderance of the evidence (more likely than not), which is a lower threshold than “beyond a reasonable doubt.”

Important Deadlines: The North Carolina Statute of Limitations

Wrongful death claims are time-sensitive. In North Carolina, the statute of limitations is generally two years from the date of death. Missing the deadline can prevent your family from recovering compensation, no matter how strong the facts are.

There can be exceptions and special rules depending on the circumstances (for example, cases involving government entities or complex medical issues). Because calculating deadlines can be complicated, it’s wise to speak with an attorney as soon as you’re able.

Actionable step: If you suspect negligence played a role, schedule a legal consultation promptly—even if you are still gathering records or waiting for investigations.

The Investigation: What Evidence Matters Most?

A strong wrongful death case is built on evidence. Depending on the cause of death, key evidence may include:

• Crash reports, 911 calls, dashcam footage, and surveillance video
• Vehicle data (event data recorders/“black box”), phone records, and toxicology results
• Medical records, imaging, lab results, and care timelines
• Autopsy findings (when available)
• Witness statements and expert opinions
• Workplace safety logs, training records, and OSHA materials
• Maintenance records for vehicles, equipment, or property

Insurance companies often begin investigating immediately. Evidence can disappear quickly—video may be overwritten, vehicles repaired, and memories fade.

Practical tip: If you can do so without added stress, write down what you know: dates, names, locations, and any communications with insurers or investigators. Avoid posting details on social media; insurers may use public posts to dispute claims.

Dealing With Insurance Companies After a Fatal Accident

After a death, insurers may reach out quickly. Some representatives are compassionate; others may pressure families to provide statements or accept early settlements.

Here are protective steps you can take:

• Do not give a recorded statement without legal advice.
• Do not sign releases that allow broad access to medical history unless your attorney has reviewed them.
• Do not accept a quick settlement before the full scope of damages is understood.
• Keep communications in writing when possible.

Early offers may not account for long-term financial loss, the value of household services, or the impact on children and dependents.

The Role of the Personal Representative and the Estate

Because the claim is brought by the estate, there are often two tracks happening at once:

1. Estate administration: appointing the personal representative and handling estate requirements.
2. Wrongful death claim: investigating the death, identifying liable parties, and pursuing compensation.

This structure can feel unfamiliar—especially for families who have never navigated probate. An attorney can coordinate the process and help ensure the claim is filed correctly and on time.

What If the Deceased Was Partly at Fault?

North Carolina follows the rule of contributory negligence, one of the strictest standards in the country. In many negligence cases, if the deceased is found even 1% at fault, recovery may be barred.

This makes careful investigation and legal strategy especially important. There may be ways to challenge fault allegations, identify additional responsible parties, or apply legal exceptions depending on the facts.

Practical tip: Don’t assume fault based on what you’ve heard informally. Accident reconstructions, expert reviews, and full evidence collection can change the picture significantly.

What the Wrongful Death Process Typically Looks Like

While every case is different, many wrongful death claims follow a similar path:

1. Initial consultation and case review
2. Appointment/confirmation of the personal representative
3. Investigation and evidence preservation
4. Insurance claims and settlement negotiations
5. Filing a lawsuit if settlement is not fair or liability is disputed
6. Discovery (exchange of evidence), expert analysis, and mediation
7. Trial if necessary

Many cases resolve through settlement, but preparation for trial is often what creates leverage for a fair outcome.

Practical Steps Families Can Take Right Now

If you believe your loved one’s death may have been preventable, these steps can help protect your family and your potential claim:

• Request and save key documents: incident reports, medical records, death certificate, insurance information.
• Preserve physical evidence: keep damaged items (like a helmet, car seat, or product involved) in their post-incident condition.
• Document expenses and losses: funeral costs, travel, counseling, lost wages, and household changes.
• Identify potential witnesses: names and contact information, even if you don’t speak to them immediately.
• Limit insurer contact: be polite but cautious; direct questions to your attorney.
• Speak with a wrongful death attorney early: deadlines are strict, and evidence can be time-sensitive.

How Vasquez Law Firm Can Help Families in Charlotte, NC

Wrongful death cases aren’t only about legal claims—they’re about families trying to rebuild after a sudden, life-altering loss. Our role is to shoulder the legal burden: investigating what happened, explaining your options, communicating with insurers, and pursuing the maximum compensation allowed under North Carolina law.

We also understand that families need clarity. You should know what to expect, what decisions matter, and how your case is progressing—without feeling overwhelmed.

Call to Action

If you lost a loved one in Charlotte or anywhere in North Carolina and suspect negligence or misconduct played a role, you do not have to navigate this alone. Contact Vasquez Law Firm to discuss your situation, understand your rights under North Carolina wrongful death law, and learn what next steps may be available. The sooner you reach out, the sooner we can help preserve evidence, protect your family from insurance pressure, and pursue the accountability your loved one deserves.