Losing a loved one is always devastating, but when that loss happens because of someone else’s negligence, recklessness, or intentional act, the law provides a path to justice. In North Carolina, wrongful death claims allow surviving family members to seek compensation for their loss, but these cases require clear legal proof and careful navigation of state law.
What Is Wrongful Death?
Under N.C. Gen. Stat. § 28A-18-2, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another, and the deceased would have had the right to sue for personal injury if they had survived. In essence, a wrongful death claim is a personal injury lawsuit that the deceased can no longer bring, so their estate does it on their behalf.
A wrongful death lawsuit can arise from many situations, including:
- Car accidents caused by a negligent or intoxicated driver
- Medical malpractice that leads to fatal injuries
- Workplace accidents due to unsafe conditions
- Criminal acts such as assault or manslaughter
- Defective products that cause fatal harm
Not every death is legally wrongful. The key issue is whether the defendant’s actions (or failure to act) legally caused the death.
Who Can File a Wrongful Death Claim?
In North Carolina, only the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. If the deceased had a will, the executor is usually named in it. If not, the court appoints someone, typically a close family member. This means that even though the lawsuit benefits surviving relatives, individual family members cannot file on their own.
How Do You Prove Wrongful Death?
A successful wrongful death case requires proving the same elements as a personal injury claim, with the added burden of showing that the injuries led to death. The four key elements are:
1. Duty of Care
The plaintiff must show that the defendant owed a legal duty to the deceased. In car accidents, for example, all drivers have a duty to follow traffic laws and drive responsibly. In medical malpractice cases, doctors owe a professional duty to provide competent care.
2. Breach of Duty
Next, it must be shown that the defendant failed to meet their duty through negligent, reckless, or intentional behavior. A driver running a red light, a doctor misdiagnosing a life-threatening condition, or a manufacturer releasing a defective product could all be breaches of duty.
3. Causation
It is not enough to show that the defendant acted negligently. The plaintiff must prove that this negligence directly caused the death. The defense may argue that other factors contributed, such as pre-existing conditions or third-party actions. Expert testimony is often necessary, particularly in medical malpractice cases.
In the landmark case of Hairston v. Alexander Tank & Equip. Co., 310 N.C. 227, the North Carolina Supreme Court showed how difficult establishing causation can be. The case involved a chain-reaction accident where multiple parties’ actions contributed to the fatal outcome. The court had to determine whether the defendant’s negligence was a proximate cause of the death, even though other factors also played a role.
The ruling emphasized that causation does not require a defendant’s actions to be the sole cause of death. They must only be a substantial contributing factor. This means that even if another party or event contributed to the fatal outcome, a defendant can still be held liable if their negligence set the events in motion or significantly increased the risk of harm.
4. Damages
A wrongful death lawsuit must prove that the surviving family or estate suffered measurable losses. North Carolina allows damages for:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Lost income the deceased would have provided
- Pain and suffering experienced by the deceased before death
- Loss of companionship, services, and guidance for surviving family members
These damages reflect both economic losses (medical bills, lost wages) and non-economic losses (grief, loss of companionship).
How Long Do You Have to File?
North Carolina has a strict statute of limitations for wrongful death claims: two years from the date of death (N.C. Gen. Stat. § 1-53). If the lawsuit is not filed within this window, the court will almost certainly dismiss the case, no matter how strong the evidence is.
Key Challenges in Wrongful Death Cases
Wrongful death cases often face significant legal and factual challenges, including:
- Disputes over liability – Defendants may argue they were not at fault or that the deceased’s actions contributed to their own death.
- Insurance company tactics – Insurers often try to minimize payouts, claiming that damages should be lower or that the deceased’s life expectancy was shorter than claimed.
- Proving future losses – Calculating lost wages and benefits over a lifetime can require financial experts to project what the deceased would have earned.
- Emotional impact on jurors – While juries may be sympathetic, they also need hard evidence to support an award of damages.
A Seasoned Personal Injury Lawyer Can Help with Your Case
Wrongful death claims are among the most complex and emotionally charged cases in civil law. They require a clear legal strategy, strong evidence, and often expert testimony to prove causation and damages.
If you have questions about a wrongful death case in North Carolina, seeking legal advice as soon as possible can help protect your rights and preserve critical evidence. A personal injury lawyer at Jetton & Meredith will ensure your case is handled properly and that your family receives the justice and compensation they deserve.