A wrongful death claim in North Carolina is a separate civil case, and families can pursue it whether or not criminal charges are filed or finished.
The question tends to come up when a crash makes the news. This past May, a head-on collision on N.C. 105 in Watauga County took a life. Months later, a grand jury returned an indictment in the case. Charges like these are allegations, and a person charged is presumed innocent until a court decides otherwise.
For the family, a second set of questions begins. Does the criminal case decide everything? Do we have to wait for it? Who can even file a civil claim?
Two Cases, Two Different Purposes
A criminal case asks whether the state can prove a crime. A wrongful death claim asks whether someone’s wrongful act caused a death, and what the family lost because of it.
The standards of proof differ, too. Criminal cases require proof beyond a reasonable doubt. Civil cases use a lower standard.
A conviction isn’t required to bring a civil claim. And the result in one case doesn’t automatically decide the other.
Who Can File a Wrongful Death Claim in North Carolina?
Only the personal representative of the person’s estate can file. That’s usually an executor named in a will, or an administrator appointed by the clerk of superior court. Family members don’t file on their own.
Any money recovered goes to the people the law entitles to it, often a spouse, children, or parents.
What a Wrongful Death Claim May Cover
Under N.C.G.S. § 28A-18-2, recoverable damages can include:
- Medical expenses before death
- Funeral and burial costs
- Pain and suffering the person endured before passing
- Lost income and financial support
- Loss of care, guidance, companionship, and society
- Punitive damages, in limited situations
Every case depends on its own facts, and not every category applies each time.
The Deadline Doesn’t Wait for the Criminal Case
In North Carolina, a wrongful death claim generally must be filed within two years of the date of death. That’s one year shorter than the three-year window for most injury claims.
Criminal cases can take months. Indictments, bond hearings, and court dates all take time. The civil deadline keeps running the whole while, so waiting for the outcome can use up time the family needs.
What Families Can Do Now
There’s no right way to grieve, and no one should feel rushed. A few practical steps can still protect your options:
- Request the official crash report
- Keep funeral, medical, and household expense records together
- Be careful with calls from insurance adjusters, and hold off on recorded statements
- Save any notices or court dates you receive
- Ask early who the personal representative will be
You Don’t Have to Sort This Out Alone
Philip A. Mullins Law helps families across North Carolina, from the Triangle to the mountains, understand their options after a preventable death. You can learn more about our wrongful death and drunk driving accident practice areas.
If your family is facing this, book a consultation with Philip A. Mullins Law today.
This article is for informational purposes only and is not legal advice.
General information only
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines may change, and the result in any case depends on its particular facts.
