Bereaved Rights

State wrongful death guide

North Carolina Wrongful Death Law Guide

North Carolina wrongful death claims must be filed within two years and are brought by the estate’s representative for the benefit of surviving family members.

Quick facts for North Carolina

  • Who can file: Only the personal representative of the decedent’s estate may file a wrongful death claim in North Carolina. The representative files the case, but the recovery benefits statutory heirs such as the spouse, children, or parents.
  • Deadline to file: Most North Carolina wrongful death claims must be filed within two years of the date of death.
  • Key statute: N.C. Gen. Stat. § 28A-18-2

Types of compensation families may pursue

  • Medical expenses related to the fatal injury
  • Funeral and burial costs
  • Lost income and financial support
  • Loss of services, companionship, care, and guidance
  • Decedent’s pain and suffering
  • Punitive damages (in limited cases)

North Carolina has no general cap on compensatory wrongful death damages. Punitive damages are capped at three times compensatory damages or $250,000, whichever is greater.

North Carolina wrongful death law: a guide for grieving families

North Carolina’s wrongful death laws are designed to support families who’ve lost someone due to another’s negligence or wrongdoing. When you are grieving, legal processes can feel confusing or distant; this guide offers a steady, plain-language explanation of what the law allows.

1. What counts as wrongful death in North Carolina?

A wrongful death occurs when someone’s negligence, default, or wrongful act causes a death. If the person could have sued for their injuries had they survived, the estate may bring a wrongful death claim.

Common causes include:

  • Car and truck crashes
  • Medical negligence
  • Nursing home neglect
  • Unsafe property or dangerous conditions
  • Defective products

2. Who files the lawsuit?

Only the personal representative of the estate may file the claim.

Even though the representative files the case, the recovery benefits the statutory heirs—spouse, children, parents, or other qualifying family members.

3. What damages may be recovered?

Families may recover:

  • Medical expenses
  • Funeral and burial costs
  • Lost earnings and financial support
  • Loss of services and companionship
  • Decedent’s pain and suffering
  • Punitive damages (in egregious cases)

4. Are there damage caps?

  • No cap on compensatory damages
  • Punitive damages capped at:
    • 3× compensatory damages or
    • $250,000
      whichever is greater

5. Filing deadline

Most claims must be filed:

  • Within two years of the date of death

Disclaimer

This is general information, not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in North Carolina? +

North Carolina law requires most wrongful death claims to be filed within two years of the date of death. Courts enforce this deadline strictly, and missing it typically ends the claim. Because timing issues can be complicated, you should speak with a North Carolina wrongful death attorney early. This answer is informational only.

What damages are available in a North Carolina wrongful death case? +

North Carolina permits families to recover for medical bills, funeral expenses, lost income, loss of services, loss of companionship, and the decedent’s pain and suffering. Punitive damages may also be awarded when the defendant acted willfully or wantonly. Compensatory damages have no cap, but punitive damages are capped at three times compensatory damages or $250,000. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in North Carolina? +

North Carolina requires that a wrongful death lawsuit be filed by the personal representative of the decedent’s estate. Family members—such as a spouse, children, or parents—do not file individually. Instead, the representative brings one unified claim, and any recovery is distributed to the statutory heirs. If no representative has been appointed yet, the probate court can appoint one. This answer is informational only and not legal advice.