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Who Can File A Wrongful Death Claim In North Carolina?

When a person dies due to the wrongful actions, neglect or fault of another, surviving family members may have the right to seek compensation for their financial losses resulting from the death, as well as for loss of companionship.

In North Carolina, a claim for wrongful death can only be brought by the personal representative of the deceased person. If the deceased person had a will, the personal representative will be the person named as the executor in the deceased person's will. If the person died without a will, the personal representative will be the person named by the probate court as the administrator of the deceased person's estate.

The personal representative of the estate files the wrongful death claim on behalf of all beneficiaries, who may include:

  • The deceased person's spouse
  • The deceased person's children
  • The deceased person's parents, if he or she has no surviving spouse or children
  • The deceased person's siblings, if he or she has no surviving spouse, children or parents

The personal representative has up to two years to file a wrongful death claim. It often takes an attorney's help to prove that the death was caused by the wrongful actions, neglect or fault of another. An experienced attorney can also help the family to establish damages caused by the death.

While no amount of compensation can replace the loss of a loved one, a wrongful death claim can help the survivors meet financial challenges caused by the death. The court can also make a finding of responsibility for the death.

The law firm of Farris & Farris in Wilson, North Carolina, offers a free initial consultation to determine if you are eligible to file a wrongful death claim.

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