If your family suffered the ultimate loss due to someone’s negligence or wrongful acts, you may be wondering, “How long do you have to file a wrongful death claim in North Carolina?” State laws govern how long you can wait before taking action to hold a negligent party accountable in court. Failing to meet this legal deadline could prevent you from being able to pursue wrongful death compensation through the civil courts.
What Are Statutes of Limitations?
All states set filing deadlines for civil and criminal cases. The purpose of statutes of limitations is multi-fold. Legal deadlines set expectations and help the courts maintain manageable dockets. The deadlines also protect the rights of defendants to not have open-ended liabilities with no end in sight.
By encouraging plaintiffs to take timely action, the deadlines support the collection of key evidence early on while setting a timeframe for when legal action can be taken. Importantly, missing a filing deadline could mean that the injured party in a personal injury claim loses their right to seek compensation. While there are rare exceptions to these deadlines, most cases that miss the statute of limitations would be dismissed outright.
How Long Can I Wait to File a Wrongful Death Claim?
In North Carolina, you have two years from the day of the wrongful death to file a wrongful death claim. Before you can file a claim, you will need to gather evidence to support your case. An attorney can gather medical records, relevant photos of the accident scene if applicable, testimony from affected loved ones, and other documentation to build a strong claim.
Once sufficient evidence has been collected, your lawyer can file your civil claim within the filing deadline so you receive fair compensation for funeral costs, lost financial support, and other damages.
Must-Know Wrongful Death Stats for North Carolina
Wrongful death cases in North Carolina often arise from a mix of transportation incidents, violent crime, and medical errors. The state recorded 141 fatal large-truck and bus crashes and 158 resulting fatalities in 2024.
Violence also plays a role in causing wrongful deaths. In 2022, North Carolina saw a violent-crime rate of 405 per 100,000 residents, reflecting a 15% increase over a 10-year period.
Preventable medical harm remains another major contributor. The National Practitioner Data Bank documented over 66,000 new reports for medical malpractice payments in 2024.
Why You Should Hire a Wrongful Death Lawyer
Following the wrongful death of a loved one, your top priority should be to hire a wrongful death lawyer who knows how to manage wrongful death claims. North Carolina wrongful death laws place the burden of proof on plaintiffs, who must gather evidence to support their claims. A wrongful death attorney can ensure that you have the types of compelling evidence that can stand up in court.
They can learn about the hardships and setbacks your family endured, so you receive maximum compensation for the physical and financial harm you endured. Once they understand the true value of your claim, they can pursue a fair settlement or court verdict so your family receives the justice and accountability that you are owed.
FAQs
What Is the Statute of Limitations for a North Carolina Wrongful Death Claim?
North Carolina allows two years from the date of death to file a wrongful death claim. This deadline is set by North Carolina General Statute § 1-53(4). If the claim is not filed within that time, the court will likely dismiss the case. A dismissed claim would mean that the family loses the ability to pursue compensation entirely. Acting quickly protects your claim to fair compensation for the harm your family endured.
What Is the Average Settlement Amount for a Wrongful Death Case in North Carolina?
North Carolina does not publish an average settlement amount for wrongful death cases. Compensation for wrongful death claims varies widely based on income loss, medical bills, funeral costs, the circumstances of the death, and available insurance coverage tied to a claim. Some cases resolve through negotiated settlements, while others require litigation. An attorney can play a key role in guiding you through the claims process.
What Are the Odds of Success in a Wrongful Death Case?
The odds of success in a wrongful death case are high when you work with an experienced injury lawyer. The outcome of your claim can depend on the strength of the evidence, the clarity of the negligent act, available insurance, expert testimony, and the personal representative’s ability to document losses. Strong factual support and credible witnesses can all significantly increase the likelihood of a successful claim that holds the at-fault party accountable.
Can Family Members File a Claim for Wrongful Death in North Carolina?
Family members can only file a wrongful death claim in North Carolina if they are the personal representative of the deceased’s estate. This representative may be named in a will or appointed by a court if no will exists. Family members cannot file individually unless they are also the appointed representative. Our wrongful death attorney can help you file a claim that leads to fair compensation for the death.
Secure the Justice and Accountability You Deserve by Contacting Our Office Today
If your family has suffered the loss of a loved one due to negligence in North Carolina, you need representation from a law firm that puts your family’s well-being and interests above all else. For decades, families across Burke County, Catawba County, and Caldwell County have relied on the Law Office of Lyndon R. Helton, PLLC, for compassionate and results-driven legal support during life’s most difficult moments.
Our founding attorney was born and raised in North Carolina and understands the profound impact a sudden loss can have on the people left behind. Trust our team to pursue the compensation your family needs to rebuild financially and move forward with dignity. Contact our office today to discuss your options and take the first step toward securing justice for your loved one.
