What is a Wrongful Death Claim in North Carolina and Who Can File It?

From the team at Huggins Law Firm, P.C., we want to start by saying we are so, truly sorry for your loss.

There is no pain like losing a loved one. When that loss is sudden, violent, and caused by someone else’s carelessness, the grief is mixed with anger and confusion.

Your world has stopped. But it also hasn’t. The bills are still coming. The questions are piling up. You are trying to plan a funeral while also asking, “How did this happen?” and “Who is responsible?”

As a law firm that has been part of the North Carolina community for decades, we have sat at many kitchen tables with families just like yours. We have guided them through their darkest times.

You are not looking for a “lawyer.” You are looking for an answer. You are looking for justice.

Our team is here to give you clear, simple answers. We want to be your guide and your shield. We have deep experience in Personal Injury, Criminal Law, and Estate Planning.

This is so important, because a “wrongful death” case is not just one case. It is all three of those things combined. It is a Personal Injury case… that involves the Criminal justice system… and can only be filed through an Estate.

Our broad experience in all these areas means we can handle everything for you, under one roof. Your only job is to grieve. Our job is to carry the legal burden.

This page is your simple guide.

Key Takeaways from This Page

We know your head is spinning. If you only read one part, make it this one:

• The Clock is Ticking (and it’s FAST). In North Carolina, you must file a wrongful death lawsuit within TWO (2) years of the date of death. This is shorter than the three-year clock for a regular Personal Injury case. It is a painful, fast deadline.
• The “0% Trap” Still Applies. North Carolina’s “contributory negligence” rule is a trap. If the at-fault party can prove your loved one was even 1% at fault, your family can get ZERO.
• A Family Member Does NOT File. This is the biggest secret. A spouse or child cannot file the lawsuit. It must be filed by the “Personal Representative” of your loved one’s estate.
• You Must Open an “Estate” First. The very first step is to go to the Clerk of Court and open an estate. This is an Estate Planning process, and our firm can handle this for you.
• The Case is For “Damages.” This is the legal word for what you can ask for. It includes bills, funeral costs, and a value for the “human loss”—the lost income, lost guidance, and lost companionship.

What Does “Wrongful Death” Mean in Plain English?

The law is confusing. Let’s make it simple.

The North Carolina law (G.S. 28A-18-2) says a wrongful death is a death “caused by a wrongful act, neglect or default of another.”

What does that mean? It means your loved one would have had their own Personal Injury case… if they had lived. Since they are no longer here to file their own case, the law allows their family to step in and file it for them.

This is not just for “crimes.” It is for any time someone’s carelessness or rule-breaking costs a life.

In our decades of experience, we see this in many forms:

• A drunk driver who runs a red light.
• A trucking company that forced its driver to work too many hours, causing him to fall asleep at the wheel on I-40.
• A distracted driver on Business 85 who was texting and rear-ended a motorcycle.
• A doctor or hospital that made a fatal medical mistake.
• A landlord or business owner who knew their staircase was broken but didn’t fix it.

If the death “should not have happened,” you may have a wrongful death case.

The “Two-Year Clock” — The Most Painful Deadline in Law

This is the most urgent thing you need to know.

For a normal car accident, you have three years to file a lawsuit. For a wrongful death case, you only have TWO (2) years from the date of death.

Two years sounds like a long time. It is not. The first year is a blur of grief. It is “the firsts”—the first birthday without them, the first holidays, the first anniversary. The last thing on your mind is calling a lawyer.

The insurance companies know this. They know you are grieving. They will call you, sound very sad and polite, and say, “We are so sorry for your loss. Please, take your time.”

This is a tactic. They are trying to “run out the clock.” They are praying you will be so deep in grief that you wake up on year 2 and day 1… when it is legally too late to do anything.

This is why you need a lawyer—a “shield”—to protect you now. When you hire our team, we send a letter to the insurance company that says, “Leave this family alone. You will talk to us, and only us.”

This lets you grieve. And it lets us get to work today to build your case and beat that deadline.

The “0% Trap” — The Harshest Rule in North Carolina

This is the second painful trap. North Carolina is one of only four states with a rule called “Pure Contributory Negligence.”

In most states, if your loved one was 10% at fault and the other driver was 90% at fault, your family could get 90% of the money. That sounds fair.

That is NOT the law here.

In North Carolina, if the other side can prove your loved one was even 1% at fault… your family gets ZERO.

This is the insurance company’s #1 goal. They will dig for anything to blame the victim.

• “Your husband was going 2 miles over the speed limit.”
• “Your wife’s taillight was out.”
• “Your son ‘should have’ been able to swerve out of the way of the drunk driver.”

They will hire experts. They will twist the police report. They will do anything to find that 1% so they can pay your family nothing.

This is why you need an experienced lawyer now. Our job is to get the evidence before it disappears. We hire our own investigators. We get the “black box” from the truck. We find the 911 calls. We build a wall of evidence to prove the at-fault party was 100% to blame, and your loved one was 0%.

Who Actually Files the Lawsuit? (The “Estate Planning” Secret)

This is the most confusing part for families. If a wife loses her husband, she cannot be the one to file the lawsuit. If a parent loses their adult child, they cannot be the one to file thelawsuit.

The law says the only person who can file a wrongful death claim is the “Personal Representative” of the deceased’s estate.

This is a legal “manager” for your loved one’s final affairs. This is where our firm’s deep experience in Estate Planning is so important.

So, who is the Personal Representative (or “PR”)?

• If your loved one had a Will: The Will names this person (it’s often called the “Executor”). This is usually the spouse or an adult child.
• If your loved one did not have a Will: This is called “intestate.” A family member (usually the surviving spouse) must go to the Clerk of Court in their county (like the Guilford County courthouse in Greensboro or High Point) and ask to be appointed as the “Administrator” of the estate.

This means the very first step in a wrongful death case is not a lawsuit. It is opening an estate.This is a huge, complex barrier that stops many families. Our firm handles this for you. We can handle the Estate Planning paperwork to get the estate opened and file the Personal Injury lawsuit. You do not need to hire two different law firms. We can handle all of it, right here.

What is This Case For? What Can a Family Recover?

When we file this case, what are we asking for? A lot of people think it’s just for the medical bills. It is not.

The law tries to put a dollar value on all of your family’s losses. We break these “damages” into three “piles.”

Pile 1: The “Bill Pile” (Paid to the Estate)

This is the money to “pay back” the estate for all the costs.

• Medical Bills: The ambulance, the ER, the surgery, the hospital stay.
• Funeral and Burial Costs: This is a key part.
  A Stat You Need to Know: The cost of a funeral is shocking. In 2024, the median cost of a funeral with a viewing and burial in the U.S. is over $8,300. (Source: National Funeral Directors Association). This does not even include the cemetery plot or headstone. This is a huge, sudden bill, and the at-fault party should be the one to pay it.
• Pain and Suffering of the Deceased: This is a separate, “little-known” part of the claim. If your loved one was aware of what was happening and was in pain between the moment of the accident and the moment of their death, the estate can ask for money for that suffering.

Pile 2: The “Human Loss Pile” (Paid to the Family)

This is the real reason for the case. This is the money that goes to the family members (the spouse, children, and parents).

This is the law’s way of putting a value on the “empty chair at the table.” It includes:

• Lost Income: The paychecks your loved one would have earned for the rest of their life. For a 35-year-old, this can be millions of dollars.
• Lost “Services”: The value of the “work” they did at home. Mowing the lawn, fixing the car, helping with homework.
• Loss of “Companionship”: This is the biggest one. It is the legal term for the loss of love, comfort, guidance, and advice.

You are not “suing for money.” You are “suing for a lost future.” You are asking for the money to pay for the college your kids’ father can no longer pay for. You are asking for the money to replace the income your wife can no longer earn.

Pile 3: The “Punishment Pile” (Punitive Damages)

This is a special pile. It is not for “accidents.” It is to punish the at-fault party for “willful or wanton” behavior.

The #1 example is a Drunk Driver (DWI). If your loved one was killed by a drunk driver, we will not just ask for Piles 1 and 2. We will ask a jury to punish that driver for their criminal choice.

This is where our firm’s Criminal Law experience is a huge advantage. We know how to use the driver’s criminal conviction as a “smoking gun” in your civil case.

Why You Need a Local NC Lawyer for This Fight

You are grieving. You are vulnerable. You may be searching for the “best wrongful death lawyer near me” because you want someone you can trust.

A “TV lawyer” from a 1-800 number in another state does not understand your community. A wrongful death case is intensely local.

• The estate must be opened in the county where your loved one lived (like Guilford County or Forsyth County).
• The lawsuit is often filed in the county where the wreck happened (like on I-85 in Alamance County or I-73 in Randolph County).

You need a lawyer who knows the courthouses in Greensboro, High Point, Asheboro, Burlington, Winston-Salem, and Kernersville. You need a team that knows the local Clerk of Court staff. A team that knows the local judges. A team that knows the local defense lawyers.

Our firm is here. We are part of this community. We are the same lawyers your neighbors trust with their Family Law case, their Bankruptcy filing, or their Will. We are not “ambulance chasers.” We are a full-service law firm for families.

We Are Here to Carry This For You

This is the last thing you should be dealing with. Your only job is to be with your family and to try and find a way to heal.

Our job is to carry the entire legal burden.

• We will front all the costs of the investigation.
• We will handle all the Estate Planning paperwork.
• We will handle all the calls from the insurance companies.
• We will build your case and fight for the justice your family deserves.

It costs you nothing to talk to us. It costs you nothing to hire us. All of our Personal Injury and wrongful death cases are on a “contingency fee.” This is our simple, handshake promise: We only get paid if we win your case.

Call us. Let our family help yours.