Who Can Sue for Wrongful Death in North Carolina?

If someone else caused the death of your loved one, you might be thinking about filing a wrongful death claim for compensation. In North Carolina, only the person in charge of the deceased’s estate can file this kind of lawsuit. An experienced Outer Banks wrongful death attorney can review your case, tell you if you are eligible to bring a claim, and help you hold the negligent party accountable.

At Shapiro, Washburn & Sharp, we can help you get the justice and money you deserve after the death of a loved one. Since 1985, our team has been helping families secure full and fair financial compensation via wrongful death claims. Call us today to set up your free case review.

What Are Wrongful Death Lawsuits?

Wrongful death lawsuits are filed when one person dies because of another’s criminal, wrongful, or careless actions. Common examples include medical mistakes, car accidents, and violent acts.

A wrongful death claim does not require criminal charges. Even if no one is charged with a crime, the family can still file a wrongful death lawsuit. If criminal charges are filed, a wrongful death case can still move forward as a separate civil case.

These claims help surviving family members recover money for both financial losses and emotional harm caused by their loved one’s death. The claim is based on what happened to your loved one. If they had lived, they could have filed a personal injury claim themselves.

A wrongful death lawsuit may help the family recover money for things like:

Medical bills arising from the injury
Funeral expenses and burial costs
Lost income and financial support
Loss of help the person gave at home
Loss of love, companionship, and guidance
Pain and suffering before death
Loss of future value of the estate

In some cases, the court may also award punitive damages. These are not meant to cover losses. They are meant to punish very dangerous or reckless behavior and help prevent it from happening again.

The personal representative is the one who files the wrongful death claim, but any money recovered goes to the deceased person’s heirs, such as a spouse, children, or parents.

Who Can File a North Carolina Wrongful Death Claim?

North Carolina law is very clear about who is eligible to file a wrongful death claim. In many states, family members can file these cases themselves. In North Carolina, however, only the personal representative of the deceased person’s estate is allowed to file the claim.

The personal representative is also known as the executor. This person is usually named in the deceased person’s will, if there was one. If no one is named, or if that person cannot serve, the court will choose someone else. In many cases, a spouse, parent, or adult child serves as the personal representative and files the wrongful death claim.

How Do I Know If I Have a Valid Wrongful Death Claim?

Your family may have a wrongful death claim if your loved one died because of someone else’s actions. This can include carelessness, reckless behavior, or intentional harm. Carelessness occurs when someone fails to act responsibly, such as a driver who does not follow traffic laws or drive safely.

Recklessness occurs when someone knows their actions are dangerous but chooses to ignore the risk. A wrongful death claim may also apply when someone intentionally causes serious harm or death, such as in an assault or killing.

How Are Wrongful Death Damages Distributed?

North Carolina law explains how wrongful death compensation is paid out. When money is recovered, it is first used to repay the estate for the costs of bringing the claim. After that, attorney fees may be paid.

Any remaining money usually does not become part of the estate. The main exceptions are funeral and burial costs and some final medical bills. North Carolina law limits medical expense recovery to $4,500 and no more than half of the total recovery after attorney fees are paid.

Any remaining money is divided based on North Carolina’s inheritance rules. The spouse and children are paid first. If there is no spouse, the children share the money. If there are no children, other relatives, such as grandchildren, parents, siblings, grandparents, or aunts and uncles, may receive it. How much each person receives depends on who else is legally entitled to a share.

Filing a Wrongful Death Lawsuit in North Carolina?

After losing a loved one, it is important to speak with a trusted OBX wrongful death attorney as soon as possible. Acting quickly allows time to gather evidence and file the claim before the deadline. In North Carolina, you generally have two years to file a wrongful death lawsuit.

A lawyer can handle the insurance company and the at-fault party for you, so you do not have to. The experienced wrongful death attorneys at Shapiro, Washburn & Sharp will review what happened, explain your rights, and discuss your options during a free consultation.

Our team works to secure meaningful compensation while providing personal support throughout the process. We have obtained impressive results, such as a settlement of $1.3 million, for the family of a woman who died due to medical negligence.

If your loved one died because someone else was careless or reckless, you do not have to face this alone. Call (833) 997-1774 or complete our simple online contact form to schedule a free consultation. We serve families in Virginia Beach, Portsmouth, Hampton, and Norfolk.