The statute of limitations for wrongful death claims in North Carolina is two years from the date of the deceased person’s death.
From collisions on I-40 and accidental falls at job sites to medical events that never should have escalated the way they did, sudden loss is tragic.
Families who lose their loved ones unexpectedly are faced with pressure from all angles, and the idea of a statute of limitations can make everything feel like it’s too much to bear. Instead of letting the legal system overwhelm you, call a North Carolina wrongful death lawyer for help.
The Filing Deadline in North Carolina Wrongful Death Cases
North Carolina generally gives families two years to file a wrongful death lawsuit. This deadline comes from N.C. Gen. Stat. § 1-53, which sets a two-year statute of limitations for wrongful death actions.
That 24-month period pertains to the process of filing a lawsuit in court, not opening an insurance claim or speaking with an adjuster. Insurance discussions can continue for months on end, but the clock doesn’t stop while you’re negotiating with them.
If the deadline passes you by, the courts will likely not allow your case to move forward, regardless of how strong your argument is or how supportive the evidence is. That’s why it’s important to contact lawyers who can make sure you take legal action on time.
When the Statute of Limitations Begins
In the majority of wrongful death cases, the statute of limitations begins on the date of death, not the day the accident occurred or the injuries were sustained. This distinction matters when a person survives for days or weeks after the incident.
Getting clarity on the start date can help you prevent unnecessary pressure later on, especially since the investigation and case preparation take time.
Who Has the Legal Authority to File a Wrongful Death Claim?
Under North Carolina law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate, not by family members. This requirement can complicate the timing of everything.
Appointing a personal representative requires you to go through probate and follow certain steps. Understandably, families don’t always address estate matters immediately when they’re simultaneously coping with their loss.
However, as unfortunate as it is, you can’t put a pause on the statute of limitations while you grieve. Reaching out to an attorney right away will equip you with legal counsel that can handle these matters for you. That way, you can focus on recovering from your loss.
Click to contact our personal injury lawyers today.
Recoverable Damages in a North Carolina Wrongful Death Case
North Carolina’s wrongful death statute specifically identifies the types of damages that may be recovered. Importantly, it expressly includes compensation for the pain and suffering experienced by those who survive the person who passed away.
These are potentially recoverable damages:
- Expenses for care, treatment, and hospitalization for the injury resulting in death
- Compensation for pain and suffering of the decedent
- Funeral expenses
- The present monetary value of the decedent to the persons entitled to receive damages
- Punitive damages in cases that meet the legal standard
As mentioned, pain and suffering are a major undertaking for families and loved ones. Thankfully, North Carolina law allows this type of harm to be addressed.
Complete a Free Case Evaluation form now.
How Wrongful Death Recoveries Are Handled
Specific statutory rules govern wrongful death recoveries in North Carolina. In other words, they are not treated like ordinary estate assets.
Certain expenses—such as medical bills and funeral costs—are usually addressed first. However, the distribution of assets often involves court oversight through the estate.
Because estate administration and litigation timelines unfold simultaneously, families often benefit from legal guidance early in the process to mitigate the risk of procedural issues.
Contributory Negligence and Wrongful Death Claims
North Carolina follows the contributory negligence rule, which is among the strictest fault rules in the country. If the defense establishes that the deceased person was even partially responsible for the incident that resulted in their death, you might not be able to recover anything at all.
These are frequent arguments that insurance companies and defendants often invoke when trying to suggest that the victim played a part in the incident that took their life:
- Seat belt use
- Speed estimates
- Lane position or visibility
- Decisions at intersections
- Workplace safety compliance in certain contexts
Having a lawyer help you investigate and collect evidence can determine whether a claim survives at all, so schedule a free consultation today.
Call Us Before the Wrongful Death Statute of Limitations in North Carolina Expires
The two years allowed by the wrongful death statute of limitations may seem like a long time, but the deadline can sneak up on you while you’re still processing your loss.
In the midst of grief, trying to handle all the paperwork, worrying about timelines, and figuring out how to adhere to legal requirements are often the last things families want to face. Many people fear making a mistake, missing a deadline, or feeling rushed into decisions.
Don’t let other people pressure you into doing things you’re not ready for—let CR Legal Team protect you and your right to take your time.
With over 36 years in business, our attorneys Care Like Family, Listen To Learn, and Do What’s Right. At our firm, We Stand Up For You®.
