North Carolina Wrongful Death Lawyer

Who files a wrongful death lawsuit in North Carolina?

The personal representative of the estate files the case. That is the executor named in a will or an administrator appointed by the clerk of superior court.

The representative acts for the family members entitled to recover. The family members themselves do not file separate claims. Opening the estate is a required first step, and it can take time when there is no will or family members disagree about who should serve. Starting that process early protects the 2-year deadline.

Who receives the money from a North Carolina wrongful death case?

The recovery is generally distributed under the state's intestate succession rules, as if the person died without a will. In most cases, that means a surviving spouse and children, or parents if there is no spouse or child.

Because the money passes this way, it is generally not controlled by the terms of a will, and it is largely protected from the estate's ordinary debts, with limited exceptions for certain medical and funeral costs. Settlements involving minor children may need court approval. These distribution rules sometimes surprise families, so we explain them at the start.

What losses can a North Carolina family recover?

North Carolina law allows a broad range of damages in wrongful death cases. They cover both financial losses and the loss of the relationship.

• Medical expenses from the final injury or illness
• Funeral and burial costs
• The pain and suffering of the person before death
• The income the person would have earned and the support they would have provided
• The value of services, protection, care and assistance
• The loss of society, companionship, comfort, guidance and advice
• Punitive damages when the conduct was willful, wanton or malicious

When the death was caused by medical malpractice, the state's cap on noneconomic damages can apply. Our North Carolina medical malpractice page explains that cap and its exceptions.

How does contributory negligence affect a wrongful death case?

It can bar the family's recovery. If the jury finds the person who died was even slightly at fault, the claim may fail entirely.

Here is an example. A man is killed when a pickup runs a stop sign in a rural part of the state, and the family's losses total $1,200,000. The defense argues he was driving 3 miles over the limit. In a comparative fault state, a 5% finding against him would still leave a recovery of $1,140,000. In North Carolina, any finding of fault can end the case. If the pickup driver was drunk or reckless enough to be willful or wanton, ordinary carelessness by the man who died generally will not bar the claim. Evidence about the other driver's conduct is critical.

How does the criminal case relate to the civil case?

They are separate cases with different goals and different standards of proof. A criminal case seeks punishment, while the family's civil case seeks compensation.

A conviction can help prove fault in the civil case, but the family does not need one to win. A driver may never be charged, or may plead to a lesser offense, and the family can still recover. Do not wait for the criminal case to end before acting. The 2-year civil deadline keeps running, and evidence held by insurers and businesses can disappear.

What should the family do now?

Open the estate, preserve evidence, and avoid talking to insurers before getting advice.

1. Ask the clerk of superior court about appointing a personal representative.
2. Gather the death certificate, police report and medical records.
3. Collect pay stubs, tax returns and records of the person's household role.
4. Write down names of witnesses and anyone who spoke with the person after the injury.
5. Call us for a free and confidential case review.

Insurers sometimes contact grieving relatives within days, asking for a recorded statement or offering a quick settlement. You are not required to speak with them, and any statement about the person's driving or health can be used to argue contributory negligence. Let us handle those calls while the family focuses on each other.

Deaths on the job often involve both workers' compensation and claims against other companies, explained on our workplace and construction injuries page. Our North Carolina overview explains the state's general rules. We charge no fee unless we recover compensation for your family.