# The Wrongful Death Statute of Limitations in North Carolina | Call Us [![logo CR Legal](https://www.crlegalteam.com/wp-content/uploads/2025/03/logo-footer.png)](https://www.crlegalteam.com) [CALL TODAY888-THE-TEAM](tel:+18888438326) # What Is the Wrongful Death Statute of Limitations in North Carolina? ## CR Legal Team Can Stand Up For You. [GET A FREE CASE REVIEW](https://www.crlegalteam.com/contact/) Years in Business 0 + 1,700+ 5-Star Google Reviews Billions RECOVERED FOR OUR CLIENTS Years of Combined Legal Experience 0 + 24/7 Availability – No Upfront Fees 1. [FAQs](https://www.crlegalteam.com/faqs/) 2. What Is the Wrongful Death Statute of Limitations in North Carolina? 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](https://www.crlegalteam.com/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](https://ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-53.html), 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.  Good News Injured? Talk to a lawyer for free. Contact CR Legal Team now and let us Stand Up for the recovery you deserve. [Call 888-843-8326](tel:+18888438326) ## 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.  Good News Our personal injury lawyers are ready to help. Contact CR Legal Team now and let us Stand Up for the recovery you deserve. [Call 888-843-8326](tel:+18888438326) ## 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. Good News Find out what your case is worth. Contact CR Legal Team now and let us Stand Up for the recovery you deserve. [Call 888-843-8326](tel:+18888438326) ## 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®.  Get Your Free Consultation Meet The Team ## Related FAQs [![Who Qualifies for SSD Benefits?](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201024%20538'%3E%3C/svg%3E) Personal Injury ### Who Qualifies for SSD Benefits?   SSD Eligibility If you are suffering from a serious medical condition that has rendered you unable to...](https://www.crlegalteam.com/faqs/do-you-qualify-for-ssd-benefits/) [![What to Do if You’re Injured At a Motorcycle Rally in North Carolina](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20565'%3E%3C/svg%3E) Motorcycle Accident ### What to Do if You’re Injured At a Motorcycle Rally in North Carolina Motorcycle rallies are a celebrated part of North Carolina’s culture, attracting thousands of riders each year. 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If you get hurt at the Cabarrus County Fair, it’s essential to assess your injury, seek medical help, and call a...](https://www.crlegalteam.com/faqs/what-to-do-if-im-injured-at-the-cabarrus-county-fair/) ![Quote Icon](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%2083%2051'%3E%3C/svg%3E) The CR Legal Team is great! After my injury I didn't completely know or understand my rights or the laws associated. They help and explain with all of it. Before going to them for help the insurance company wouldn't answer or return calls. After their help that all changed. In the end their help made a HUGE difference. Brad W. ![Quote Icon](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%2083%2051'%3E%3C/svg%3E) They absolutely care for the well-being of their clients. They are consistently informative and help you to navigate through whatever tough time you may be having legally. A++! 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We are looking forward to cheering on the men’s and women’s basketball teams as they head into a new season. Fans can expect to see in-venue CR Legal Team signage at the Dean E. Smith Center and Carmichael Arena. Go Heels! Read our full announcement at the link in our bio! #CarolinaAthletics #CRLegalTeam #NorthCarolina #CommunityImpact #ProudPartner](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/DeNR8VlOPUQ/) [At CR Legal Team, we believe every client deserves ![At CR Legal Team, we believe every client deserves an advocate who will Stand beside them when it matters most. That's why we're looking for an experienced Personal Injury Litigation Attorney to join our Team. We're seeking someone who combines courtroom experience with compassion, collaboration, and a commitment to doing what's right for our clients and communities. 📍 Opportunities available across North Carolina. 🔗 Learn more and apply today at the link in our bio! #CRLegalTeam #CRJobs #PersonalInjuryAttorney #LitigationAttorney #NowHiring #NorthCarolina](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/DeHlyTwjNEY/) [Some journeys can’t be walked alone.   Today, CR L ![Some journeys can’t be walked alone.   Today, CR Legal Team was honored to support the Beyond the Ribbon Luncheon and the important work of Going Beyond the Pink, an organization dedicated to helping breast cancer patients and survivors navigate treatment, recovery, and survivorship through education, support resources, and financial assistance.   A breast cancer diagnosis affects far more than one individual. It impacts families, friends, coworkers, and entire communities. That is why access to support, resources, and compassionate care matters so much.   At CR Legal Team, we’ve seen firsthand how powerful it can be when people come together to help one another through life’s most difficult challenges. We are proud to support organizations that provide hope, connection, and practical assistance when it is needed most.   Together, we can help ensure more individuals facing breast cancer have access to the resources and support they deserve. 💗   #WeAreCR #BeyondTheRibbon #WeStandUpForYou #BreastCancerAwareness #WilmingtonNC](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/Dd-C0_MGGrG/) [Not every loss can be measured.   In this clip fro ![Not every loss can be measured.   In this clip from Stand Up Stories with CR Legal Team, Partner Attorney Karonnie Truzy reflects on what it means to advocate for families after a tragedy and why he never takes that responsibility for granted.   At CR Legal Team, We Stand Up For You® because every case represents a real person, a real family, and a real story.   🎥 Watch the full Stand Up Stories episode on our YouTube channel. 🔗Link in bio.   Call 888-THE-TEAM or visit CRLegalTeam.com for more information and a free consultation.   Karonnie Truzy is Board-Certified in Truck Accident Law by the National Board of Trial Advocacy in partnership with the Academy of Truck Accident Attorneys.   #WeAreCR #StandUpStories #TruckAccidentLawyer #LawyerStories #NorthCarolina](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/reel/Dd7W4glOuvw/) [Continued learning is an important part of effecti ![Continued learning is an important part of effective advocacy. This week, CR Legal Team Partner Attorney Karonnie Truzy, Board-Certified in Truck Accident Law by the National Board of Trial Advocacy in partnership with the Academy of Truck Accident Attorneys, Partner Attorney Dré Fleury, and Attorney Elizabeth Robertson joined fellow attorneys from across the country at the Academy of Truck Accident Attorneys (ATAA) Annual Symposium. Opportunities like these allow legal professionals to exchange ideas, discuss developments in trucking litigation, and continue strengthening their ability to advocate for those affected by serious truck crashes. We're proud to invest in education, collaboration, and professional development that helps us better serve the individuals and families who place their trust in our Team. #WeAreCR #ATAA #TruckAccidentLawyer #LegalEducation #NorthCarolinaTruckingAttorney](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/DduYGC4DPoQ/) [⭐️⭐️⭐️⭐️⭐️ Behind every review is a person, a fami ![⭐️⭐️⭐️⭐️⭐️ Behind every review is a person, a family, and a story. We're grateful for the opportunity to serve our clients and for the trust they place in our Team during life's most challenging moments. Thank you for allowing CR Legal Team to Stand Up For You. #CRLegalTeam #WeAreCR #WeStandUpForYou #CareLikeFamily #WholePersonLegalCare #ClientExperience #ClientCare](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/DdrzQwljCfn/) [Every road safety regulation has a story.   The Ma ![Every road safety regulation has a story.   The Mansfield Bar is one example of how tragedy can lead to changes that help create safer outcomes for future drivers. Named after actress Jayne Mansfield, these rear underride guards became an important advancement in trucking safety and a reminder that many of today’s safety regulations were developed in response to real-world events.   Truck accident cases demand specialized knowledge. That’s why CR Legal Team’s trucking attorneys hold Board Certification in Truck Accident Law from the National Board of Trial Advocacy, awarded in partnership with the Academy of Truck Accident Attorneys. If you’ve been injured and need help, call 888-THE-TEAM today.    #WeAreCR #JayneMansfield #MariskaHargitay #LawAndOrderSVU](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/Ddm4aFUmN8G/) [🎙️ Stand Up Stories with CR Legal Team | Episode 1 ![🎙️ Stand Up Stories with CR Legal Team | Episode 1   “If you are choosing someone to represent you, make sure you’re not just another client. Make sure you’re not just another number.”   In our first episode, CR Legal Team Partner and Board-Certified Trucking Attorney Karonnie Truzy shares a story that has stayed with him throughout his career and reflects on what it means to truly Care Like Family.   This conversation is about advocacy, responsibility, and the lasting impact legal representation can have on a family’s future.   ▶️ Watch the full episode now at the link in bio.   #CRLegalTeam #StandUpStories #WeAreCR #NorthCarolina #TruckAccidentAttorney](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/reel/DdXa5uDu8mG/) [We're proud to share that CR Legal Team Partner an ![We're proud to share that CR Legal Team Partner and Board-Certified Trucking Attorney Karonnie Truzy will be presenting at the Academy of Truck Accident Attorneys (ATAA) Annual Symposium. His presentation, Non-Catastrophic Cases: Challenges and Solutions, will focus on approaches to handling injury cases that may not involve catastrophic injuries but can still have a significant impact on the lives of those involved. Through discussions on client-centered advocacy, case strategy, and practical case management, Karonnie continues to help advance important conversations within the legal profession. Congratulations, Karonnie! #CRLegalTeam #AcademyofTruckAccidentAttorneys #TruckingAttorney #LegalLeadership #TruckAccidentAttorney](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/DdUMsCmjZHd/) [Being informed every step of the way can make all ![Being informed every step of the way can make all the difference. We are grateful for the trust our clients place in us and proud to provide the communication, guidance, and support they deserve throughout the legal process. Thank you for sharing your experience with CR Legal Team! Have you worked with our Team? We'd love to hear your story. #CRLegalTeam #NorthCarolinaLawFirm #ClientTestimonial #FiveStarReview #ServicioAlCliente](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/DdKU7SLm3PP/) [Questions we get asked every week. After an injur ![Questions we get asked every week. After an injury, it's normal to have questions and feel unsure about what to do next. From "Do I have a case?" to "Should I talk to the insurance company?" these are some of the questions our Team hears most often. While every situation is unique, understanding your options can help you move forward with greater confidence and peace of mind. What questions would you like us to answer in a future post? Let us know in the comments below ⬇️ #CRLegalTeam #QuestionsWeGetAskedEveryWeek #LegalEducation #NorthCarolina #PersonalInjuryLawyer](data:image/svg+xml,%3Csvg%20xmlns='http://www.w3.org/2000/svg'%20viewBox='0%200%201000%20560'%3E%3C/svg%3E)](https://www.instagram.com/p/DdHzl5uCc0v/) [More than 45 million Americans are expected to tra ![More than 45 million Americans are expected to travel over Labor Day weekend, making it one of the busiest travel holidays of the year. Behind every vehicle on the road is someone heading to a football game, a family cookout, a beach trip, or a gathering with the people they love most. Unfortunately, increased travel also means increased risk. A single moment of distraction, impatience, or poor decision-making can change lives in an instant. As you celebrate this weekend, remember the most important Labor Day tradition of all: Getting home safely. A few simple ways to help protect yourself and others on the road: ✅ Put the phone away while driving. ✅ Always wear your seatbelt. ✅ Designate a sober driver if alcohol is involved in your plans. ✅ Give yourself extra travel time. ✅ Stay alert and watch for increased traffic. ✅ Give commercial trucks the space they need. The cookout will still be there. The game will still be on. The people waiting for you at home, matter most. From all of us at CR Legal Team, we wish you and your loved ones a safe, happy, and meaningful Labor Day weekend. We are always here if you need us. 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