A Practical Guide to Wrongful Death Claims in North Carolina

What “Wrongful Death” Means

Losing a loved one is devastating, and it can feel even more overwhelming when the death could have been prevented. Wrongful death law exists to provide a legal path for families to seek accountability and financial support after a death caused by another person or company’s negligence, recklessness, or intentional misconduct.

In North Carolina, wrongful death claims are governed primarily by N.C. Gen. Stat. § 28A-18-2. While no case can undo the loss, a claim may help relieve sudden financial pressure, protect a family’s future, and create a measure of justice.

When a Death May Qualify as “Wrongful” Under North Carolina Law

A wrongful death claim generally arises when the deceased person could have filed a personal injury lawsuit if they had lived. In other words, the law asks: If the person survived, would there have been a valid injury claim? If yes, then the surviving family may have a wrongful death claim.

Common situations that may lead to wrongful death cases include:

• Motor vehicle crashes (including drunk or distracted driving)
• Commercial trucking collisions
• Workplace incidents (including construction accidents)
• Defective products
• Dangerous property conditions (premises liability)
• Medical negligence (misdiagnosis, surgical errors, failure to treat)
• Nursing home neglect or abuse
• Intentional acts (assaults or other violence)

Each case is fact-specific. Determining whether negligence occurred often requires an investigation, documentation, and sometimes expert review.

Who Can File a Wrongful Death Lawsuit in North Carolina?

This is one of the most important (and commonly misunderstood) parts of North Carolina wrongful death law: the lawsuit must be filed by the personal representative of the deceased person’s estate, not by individual family members directly.

The personal representative is typically:

• The executor named in a will, or
• An administrator appointed by the court if there is no will

Although the personal representative files the case, any recovery is generally distributed to eligible beneficiaries under North Carolina intestacy rules (with some exceptions depending on the estate and family structure).

Practical step: Confirm who the personal representative is

If you are unsure whether an estate has been opened or who has authority to act, an attorney can help you review court records and take steps to have a representative appointed.

What Must Be Proven in a Wrongful Death Case?

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

1. Duty of care: The defendant owed the deceased a duty (for example, drivers must follow traffic laws).
2. Breach: The defendant failed to meet that duty (speeding, unsafe medical care, ignoring safety rules).
3. Causation: The breach caused or substantially contributed to the death.
4. Damages: The death resulted in legally recognized losses.

In some cases—such as impaired driving or intentional harm—additional legal theories may apply, and punitive damages may be available.

What Damages Are Available in North Carolina Wrongful Death Claims?

North Carolina law allows recovery of several categories of damages. These may include:

• Medical expenses related to the final injury or illness
• Pain and suffering experienced by the deceased before death
• Funeral and burial expenses
• Loss of the deceased’s income and services (including future earnings the person likely would have provided)
• Loss of companionship, guidance, and care for certain family members
• Punitive damages in cases involving egregious misconduct (such as drunk driving) or when expressly allowed by law

Damages are intended to address both economic losses (bills, income) and non-economic losses (companionship and support). While money cannot replace a person, these damages can help stabilize a family after a sudden loss.

Practical step: Start documenting losses early

Keep copies of medical bills, funeral invoices, wage information, and any communications from insurers. A written timeline of events and a list of witnesses can also be helpful.

How Long Do You Have to File? (North Carolina Statute of Limitations)

In North Carolina, the statute of limitations for wrongful death is generally two years from the date of death. Missing this deadline can permanently bar the claim.

There can be narrow exceptions depending on the circumstances, but you should not rely on them. It is safer to assume the two-year deadline applies and act promptly.

Practical step: Consult counsel as soon as possible

Evidence can disappear quickly—surveillance footage may be overwritten, vehicles repaired, and witnesses become harder to locate. Early action helps preserve proof and strengthens your case.

Wrongful Death vs. Criminal Cases: What’s the Difference?

Families often ask whether a wrongful death claim requires a criminal conviction. It does not.

• A criminal case is brought by the state to punish wrongdoing (for example, vehicular homicide or assault).
• A civil wrongful death case is brought by the estate to recover damages for the family.

A civil case can proceed even if no criminal charges are filed, or even if the defendant is found not guilty. The legal standards differ: criminal cases require proof “beyond a reasonable doubt,” while civil cases generally require proof by the “greater weight of the evidence.”

The Role of Insurance in Wrongful Death Claims

Many wrongful death cases are resolved through insurance—auto liability policies, commercial policies, homeowners insurance, or professional malpractice coverage. Insurance companies often move quickly after a fatal incident, sometimes requesting statements or offering early settlements.

While an early offer may be tempting during a stressful time, it can also be far less than what the claim is worth—especially before the full financial impact is understood.

Practical steps before speaking to insurers

• Avoid giving recorded statements without legal guidance.
• Do not sign releases or settlement agreements until the claim is fully evaluated.
• Save all correspondence and note the names and contact information of adjusters.

An attorney can handle communications and protect you from tactics that shift blame or minimize losses.

North Carolina’s Contributory Negligence Rule: Why It Matters

North Carolina is one of the few states that follows pure contributory negligence. In many negligence cases, if the injured person is found even slightly at fault, recovery may be barred.

In wrongful death cases, this means the defense may try to argue that the deceased contributed to the incident (for example, allegations about speed, seatbelts, or actions at the scene). These arguments can be complex and fact-driven.

Practical step: Preserve evidence that tells the full story

Photos, video, witness statements, vehicle data, phone records, and expert analysis can make a major difference in countering unfair blame.

What the Wrongful Death Process Typically Looks Like

Every case is unique, but many follow a similar path:

1. Initial consultation and case evaluation: Review facts, identify potential defendants, and discuss next steps.
2. Estate and representative appointment: Ensure the correct party has authority to file.
3. Investigation: Gather reports, medical records, employment records, scene evidence, and expert opinions.
4. Claim and negotiation: Present evidence to insurers or opposing counsel and attempt resolution.
5. Filing the lawsuit: If negotiations do not lead to a fair result, a complaint is filed in court.
6. Discovery: Both sides exchange documents, take depositions, and consult experts.
7. Mediation/settlement discussions: Many cases resolve here.
8. Trial: If needed, the case is presented to a judge or jury.

Throughout the process, a client-focused legal team should keep you informed, explain options in plain language, and handle deadlines and filings so you can focus on your family.

Choosing the Right Lawyer: What to Look For

Wrongful death cases can involve complex legal and emotional issues. When selecting counsel, consider:

• Experience with North Carolina wrongful death law and local court procedures
• Resources to investigate thoroughly and consult experts when needed
• Clear communication and responsiveness
• A compassionate approach that respects your family’s grief
• A willingness to take a case to trial if necessary

Practical step: Prepare for your first meeting

Bring (or gather) what you can:

• Death certificate (if available)
• Accident or incident reports
• Names of witnesses
• Medical and funeral bills
• Insurance information
• Any photos, videos, or messages related to the incident

If you don’t have everything, don’t worry—an attorney can help obtain records.

What You Can Do Right Now: Actionable Steps After a Loss

If you believe negligence may have caused your loved one’s death, consider these steps:

1. Seek emotional support: Grief counseling, faith leaders, and trusted family can help you through the immediate shock.
2. Request and preserve records: Obtain crash reports, incident reports, and medical records when possible.
3. Write down what you know: Dates, times, locations, names, and a timeline can be invaluable later.
4. Avoid social media discussions: Public posts can be misunderstood or used by the defense.
5. Be cautious with insurance calls: Do not feel pressured to make immediate decisions.
6. Talk to a North Carolina wrongful death attorney: Early guidance can protect your rights and preserve evidence.

How Vasquez Law Firm Can Help Families in Charlotte, NC

At Vasquez Law Firm, we understand that wrongful death cases are about more than paperwork—they are about people, families, and futures. Our role is to shoulder the legal burden: investigating the facts, handling insurance and defense communications, meeting court deadlines, and pursuing full and fair compensation under North Carolina law.

We aim to provide clear answers, practical guidance, and respectful advocacy at every stage.

Call to Action

If you have lost a loved one and believe negligence or misconduct played a role, you do not have to navigate this alone. Contact Vasquez Law Firm in Charlotte, NC to discuss your situation and learn what options may be available under North Carolina wrongful death law. The sooner you reach out, the sooner we can help protect evidence, confirm deadlines, and pursue the accountability your family deserves.