North Carolina Wrongful Death Statute of Limitations

Losing a loved one to an accident is always a devastating, traumatic event. Grief takes hold, and there are often countless things to do that can take precedence over seeking your deserved compensation. The time period in which you can act begins on the day of death, so it’s important to understand the North Carolina wrongful death statute of limitations. Although it may be difficult, speedy action can make all the difference.

Why Choose DAS Law Group, P.A.?

DAS Law Group, P.A. has a proven track record of handling wrongful death cases and getting clients the results that they need. With over a hundred years of combined legal experience across our staff, we are prepared to handle this case so you can focus on taking care of other crucial tasks.

Statute of Limitations for Wrongful Death in NC

In North Carolina, the personal representative of the decedent is required to file a wrongful death case no longer than two years after the date of death. There are extremely rare exceptions that, for the most part, will not be applicable. This is why the decision to hire a wrongful death lawyer right away can save you time and money.

North Carolina Wrongful Death Laws

A wrongful death is defined as any loss of life caused by negligence, wrongful action, or accident. A wrongful death case has to be filed by the deceased’s personal representative. North Carolina specifies that the person to make the claim must be the personal representative defined in the deceased’s will. Some common wrongful death claims may fall into the following categories:

• Motor vehicle accidents: These can include a large range of car accidents and incidents involving vehicles. They can involve drunk or high drivers, reckless driving, commercial truck crashes, and any other case in which a person is killed by another party on the road.
• Medical malpractice: This category includes all wrongful death cases at the hands of medical professionals. A clear example is a preventable death during a surgery, but it could also include nursing home neglect of elders and any negligence during hospital care that results in death.
• Dangerous products: These cases revolve around a dangerous product being released to the public. Accidents could be due to mislabeling, improper testing, defective items, or other safety issues. Manufactured items in cases like these could be anything from an electronic device to a vehicle or a cosmetic item.
• Violent crime: This category includes any death that occurred during a violent altercation or as a result of injuries sustained in the crime. Assault and battery, homicide, and any other personal acts of violence are examples.

Hire a Wrongful Death Lawyer

A wrongful death attorney can help build your case within the two-year period when action is required. They can help prove liability and guide you through the sometimes-confusing legal world.

Most importantly, an experienced wrongful death lawyer can help you receive a settlement that can ease your pain and hardship during this trying time. Nothing can replace your loved one’s presence, yet adequate compensation can let your family grieve in peace.

Compensation in Wrongful Death Cases

In a successful wrongful death case, the personal representative can seek a variety of types of economic compensation. These are not limited only to any monetary expenses the defendant caused, but also any non-economic damages related to the accident. These can be aspects like:

• Funeral expenses
• Hospital bills or other medical care costs leading up to the death
• Monetary compensation for the pain and suffering of loved ones
• Loss of income from the death affecting members of the estate

The amount of compensation is dependent on a variety of variables that will be decided during the case. These factors are focused on the victim’s life and how their death will affect their family members. Examples include:

• Deceased’s age and health: Factors involving the physical state of the victim before the accident can sway the results.
• Deceased’s income: The amount awarded can be decided based on the earning capacity and employment status of the victim.
• Effect on dependents: Whether or not the victim had any dependents can play a major role in the settlement amount. Not only is the loss of monetary support considered, but also the loss of parental and guardianship guidance. A settlement involving small children may result in a larger sum than one with adult children.

FAQs

Q: How Much Time Do I Have to File a Wrongful Death Suit in North Carolina?

A: The statute of limitations in North Carolina specifies that a wrongful death claim must be filed within two years of the date of death. The date when the accident occurred is not relevant to this timeline, but rather the day when the victim died. This is why it’s important to contact a wrongful death attorney quickly.

Q: What Is the Wrongful Death Statute in NC?

A: North Carolina state law defines a wrongful death as a death caused by neglect or a wrongful act that would have allowed the victim to sue if they had survived. This means that if the case would have resulted in a personal injury claim, but the victim died, it then becomes a wrongful death case.

Q: What Is the Average Wrongful Death Settlement in NC?

A: North Carolina wrongful death case settlements average around $500,000, with jury verdicts standing at a much higher $2,000,000. These numbers do not indicate what your case may look like, however. Varying factors can lead to payouts at higher and lower points. Your wrongful death attorney will be able to set your expectations around a figure appropriate to cover your damages.

Q: What Wrongful Death Cases Have No Statute of Limitations in North Carolina?

A: State law is strict around the two-year time limit, but there are very rare instances when a court may waive the wrongful death statute of limitations in North Carolina. One example could be if the death was caused due to medical malpractice, and the malpractice was not initially discovered or was covered up. In this instance, a judge may allow for a wrongful death claim after the two-year limit. In any wrongful death suit, swift action is still necessary.

Get Help for Your Wrongful Death Case Today

We at DAS Law Group, P.A., are ready to help you with all the details of your claim. In sensitive cases such as wrongful deaths, it’s important to have an understanding team by your side. Contact us today to schedule a consultation.