Who Can File a Wrongful Death Lawsuit in North Carolina?

If you’ve lost a loved one and someone else is to blame, you may decide to pursue financial compensation through a wrongful death claim. But who has the right to file a wrongful death lawsuit in North Carolina? Under state law, only the personal representative of a decedent can do so. A North Carolina wrongful death attorney from The Law Offices of John Drew Warlick, P.A., can review your situation, determine if you have standing to file a wrongful death suit, and help you seek accountability for your loved one’s death.

For three generations, our firm’s attorneys have worked tirelessly to serve the people of Jacksonville, NC, and the surrounding communities. We focus on providing our clients with legal assistance when they need it the most. We strive to make ourselves available to you whenever you need us and to do whatever it takes to get justice on behalf of your departed loved one.

If you’re looking for accountability for your loved one’s death and have questions about pursuing a wrongful death claim, contact The Law Offices of John Drew Warlick, P.A. today. We offer free initial case evaluations and look forward to discussing how our law firm can help you and your family seek justice and compensation.

Who Can File a Wrongful Death Lawsuit in North Carolina?

Under North Carolina’s wrongful death statute, only a decedent’s personal representative may file a wrongful death lawsuit. The personal representative is usually the executor or administrator of the decedent’s estate. Sometimes a decedent does not leave a will nominating an executor, or no estate is opened after a decedent’s death. In those cases, the decedent’s family can petition the court to appoint a personal representative to pursue the wrongful death claim.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal claim that arises when a person’s death is caused by another party’s negligence, legal fault, or criminal act. Common examples include medical malpractice, car accidents, and acts of violence.

Wrongful death claims do not require a criminal prosecution against the party or parties who caused the decedent’s death. However, if an at-fault party is criminally culpable for a decedent’s death, they can also face a separate civil wrongful death lawsuit.

A wrongful death claim allows the surviving family members of a decedent to recover financial compensation for both the financial and the emotional losses they have incurred because of the decedent’s passing. A wrongful death claim can arise from the same circumstances that would have given the decedent the right to pursue a personal injury claim had they survived.

Specifically, a wrongful death lawsuit can provide compensation for losses, including:

• Medical expenses incurred to treat a decedent’s last injury
• Conscious pain and suffering endured by the decedent before their death
• Funeral and burial expenses
• Loss of the decedent’s income and economic contribution to the family
• Loss of growth of the value of the decedent’s estate
• Loss of the decedent’s services to their household
• Loss of the decedent’s affection, companionship, society, and advice

In addition to compensation for these losses, a wrongful death lawsuit may also result in an award of punitive damages. Punitive damages do not compensate for losses but instead punish a liable party for reckless, willful, or malicious conduct. Punitive damages are meant to deter others from engaging in similar behavior in the future.

While the decedent’s personal representative is responsible for pursuing a wrongful death claim, any financial recovery goes to the decedent’s heirs, such as the decedent’s spouse, children, or parents.

Do I Need a Lawyer to File a Wrongful Death Lawsuit in North Carolina?

Pursuing a wrongful death claim can be difficult, time-intensive, and emotionally draining. You should not have to manage an investigation, negotiations with insurance companies and lawyers, and legal paperwork while you’re mourning the death of a loved one.

Let a North Carolina wrongful death attorney from The Law Offices of John Drew Warlick, P.A. take this burden from your shoulders. We can help by:

• Investigating the accident that led to your loved one’s death and recovering evidence that shows who is liable for the losses your family has suffered
• Calculating fair compensation in your case, including working with financial experts to determine losses of your loved one’s future income, if necessary
• Preparing and filing your claims against the at-fault parties or with insurance companies
• Negotiating vigorously on your behalf to try to reach a settlement that provides fair financial recovery
• Taking your case to court, if doing so is the best way to pursue the full compensation that you and your family deserve

How Long Do I Have to File a North Carolina Wrongful Death Claim?

Under North Carolina’s statute of limitations on wrongful death claims, a lawsuit must generally be filed against the at-fault party within two years of the date of their passing.

A court will likely dismiss the suit if a personal representative files a wrongful death lawsuit after the statute of limitations expires on a claim. If this happens, you will likely have lost the opportunity to pursue compensation through the civil courts.

Contact the Law Offices of John Drew Warlick, P.A., Today

If you have lost a loved one and someone else is to blame, you deserve compensation, and your loved one deserves justice. Contact The Law Offices of John Drew Warlick, P.A. today for a free, no-obligation consultation with a North Carolina wrongful death lawyer. We can discuss your legal options.