Who Can Sue for Wrongful Death in North Carolina?

If a person dies as a result of another party’s negligent actions, the deceased person’s estate can be eligible for a wrongful death suit. It doesn’t matter if the other party’s actions were intentional or accidental. Wrongful death suits are different from personal injury suits, but there are still a lot of similarities between the two. 

In a wrongful death suit, the person has still been injured but they are not able to bring their own case to the court because they are deceased. Another party will have to bring the matter to the court on behalf of the deceased. 

Defining Wrongful Death 

Many of the events that lead to wrongful deaths suits are the same as the ones that lead to personal injury suits, including:

• A negligence-based incident like a car accident
• Medical malpractice 
• An intentional act like a crime 

Just as in personal injury lawsuits, the defendant’s liability in the wrongful death case is expressed in terms of financial compensation. However, the person won’t be paying to the deceased person; they will be paying to a family survivor of the estate of the deceased person. 

Who Can File a Wrongful Death Suit in North Carolina? 

North Carolina’s rules are a little different from other states because they don’t allow just anyone to file a wrongful death suit. They also do not allow family members to file the death suit, which can be confusing or frustrating if you have had a loved one die and want to file on their behalf. 

In the state of North Carolina, only a person named as the executor can officially file the claim in court. This is often the personal representative who was placed in charge of the estate or will of the deceased person. 

If there is no personal representative listed, then the court will often appoint one to overlook the process. They will often appoint a close representative such as a parent, adult child, or spouse. 

No matter who is filing the wrongful death suit, it has to be done within two years of the person’s death. So, if there is not a court-appointed representative in the will or estate, the family members should start this process right away so someone can be appointed and they can begin the lawsuit. 

After two years, the court will almost always refuse to hear you or acknowledge the lawsuit. 

Get Ahold of a Lawyer After a Wrongful Death

If you need help filing a wrongful death suit, you can contact The Nye Law Group now at 704-285-6319. You can also fill out our online contact form if you prefer not to call. Either way, one of our experienced professionals will be in touch with you shortly.