What is considered a wrongful death?

In North Carolina, a wrongful death happens when someone dies because another person or company acted carelessly, recklessly, or intentionally caused harm.

At its core, a wrongful death case is about responsibility. The law asks a simple question: Did someone’s failure to act safely lead to a preventable death?

Common examples of accidents that can lead to wrongful death claims in Wilmington include:

• Car crashes and truck accidents. Fatal crashes caused by distracted driving, speeding, or other reckless behavior may qualify. In cases involving commercial vehicles, both the driver and the company may be responsible.
• Workplace accidents. If an employee is killed on the job, their family may be entitled to workers’ compensation death benefits. In other situations, such as when an independent contractor is fatally injured, the family may need to pursue a wrongful death lawsuit against a negligent employer or third party.

Every case is different, but if the person who caused the fatal accident could have been sued for personal injury had the victim survived, the family may have the right to file a wrongful death claim.

What are the damages for wrongful death in NC?

Under North Carolina law, a wrongful death claim allows surviving family members to be compensated for certain financial and personal losses related to the loss of their loved one.

Recoverable damages in a Wilmington wrongful death claim may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• The decedent’s lost income and benefits, including what they likely would have earned over a lifetime
• The value of services the person provided, such as childcare, household support, or guidance
• The loss of companionship, care, protection, and advice they provided
• The pain and suffering the deceased experienced before death, if supported by evidence
• Punitive damages meant to punish and deter similar behavior in cases involving egregious misconduct like drunk driving

Every case is different. The value of a wrongful death claim depends on factors such as the person’s age, health, earning capacity, role within the family, and the circumstances surrounding the fatal event.

Our Wilmington wrongful death lawyers can help you through this process, ensuring the financial and personal impact of your loss is fully accounted for so that your family can get the compensation you deserve.

Who gets money from a wrongful death lawsuit in North Carolina?

Under North Carolina law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate.

That person is:

• Named in the will, if there is one, or
• Appointed by the court if there is no will.

The personal representative files the lawsuit on behalf of the estate and the eligible beneficiaries. Even though a spouse, parent, or child may ultimately receive compensation, they cannot file the claim individually unless they are the appointed personal representative.

Who receives compensation depends on which relatives survive the deceased:

• If the person leaves behind a spouse and children, the law splits the recovery between them based on set percentages.
• If there is a spouse but no children, the spouse usually receives the entire amount.
• If there are children but no surviving spouse, the children divide the recovery equally.
• If there is no spouse or children, the deceased person’s parents may receive the proceeds.
• If none of those family members are living, North Carolina law sets out a specific order of other relatives who may be eligible.

If you have questions about who may be entitled to compensation from a wrongful death claim or how to get the process started, reach out to a wrongful death attorney in Wilmington for guidance.

How long do you have to file a wrongful death suit in NC?

In most cases, a wrongful death lawsuit in North Carolina must be filed within 2 years of the date of death. This deadline is known as the statute of limitations.

If the claim is not filed within that 2-year window, the court will typically dismiss the case, so it’s always best to discuss your case with a wrongful death lawyer as soon as possible to protect your right to compensation.

Get help from our experienced wrongful death attorneys in Wilmington

The local Wilmington wrongful death attorneys at Wilder Pantazis Law Group have been representing families in Wilmington and all across New Hanover County for more than 85 years. We handle every claim with care and respect, knowing that the families who turn to us are part of the same community we call home.

When you turn to Wilder Pantazis Law Group, you can expect straightforward advice, careful preparation, and clear communication throughout every stage of the process. Our goal is to take on the legal complexities so your family can focus on healing while pursuing accountability in a way that honors your loved one’s life.

If you are considering a wrongful death claim in Wilmington, contact Wilder Pantazis Law Group for a free, confidential consultation. We’re here to listen and help your family move forward.