March 10, 2025
In North Carolina, a wrongful death claim arises when a person dies due to another party's negligence or wrongful act1. 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 establish four key elements:
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. Examples include drivers following traffic laws, doctors providing competent medical care, and property owners maintaining safe premises.
Breach of Duty: The defendant breached this duty of care. A breach occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances. Examples include a driver running a red light or a property owner failing to fix a dangerous condition.
Causation: The defendant's breach of duty directly caused the death. This involves showing that the death would not have occurred if not for the defendant's actions or inaction.
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, negligence in a wrongful death case is defined as the failure of a person or entity to exercise reasonable care, which results in the death of another person. To prove negligence, you must demonstrate the following:
Duty of Care: The defendant owed a legal duty to the deceased.
Breach of Duty: The defendant breached that duty by failing to act with reasonable care.
Causation: The defendant's breach of duty directly caused the death.
Damages: The death resulted in damages to the deceased's family.
North Carolina operates under a pure contributory negligence doctrine, meaning that if the deceased is found to be even partially at fault for their death, the family may be barred from recovering damages.
In North Carolina, only the personal representative of the deceased's estate can file a wrongful death lawsuit. This is often the executor or administrator of the estate. If there isn’t a surviving parent, spouse, or child, the personal representative of the estate may also bring forward the claim.
Compensation may be sought for losses, which include:
Medical expenses related to the incident that caused the death
The victim’s pain and suffering if they did not die instantly
Reasonable funeral expenses
Loss of the victim’s future income
Loss of the victim’s services, protection, and care
Loss of the victim’s companionship, comfort, guidance, and society
Punitive damages may also be sought if the death was caused by malicious, willful, or wanton conduct1.
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. The lawsuit must be initiated by the personal representative within two years of the death, and also within the time period for the underlying act that caused the death.
There can be exceptions to the statute of limitations, such as:
The Discovery Rule: The statute of limitations may be extended if the malpractice was not discovered immediately. North Carolina law allows for a discovery rule, which means that the statute of limitations begins to run from the date the malpractice was discovered or reasonably should have been discovered, rather than the date of death.
Minors and Incompetent Individuals: The statute of limitations may be suspended for a minor child of a deceased parent until the child turns 18 years old.
If you need assistance with a wrongful death claim, contact Hall & Dixon for legal solutions. Hall & Dixon is located in Charlotte, North Carolina, at 725 E. Trade Street Suite 115. You may schedule an appointment by filling out a form or contacting their office directly.
Read: Who Can File a Wrongful Death Lawsuit in North Carolina?
