Fatal Car Accident Claims in North Carolina: Filing for Wrongful Death

When a driver’s negligence causes a deadly crash, North Carolina law allows families to pursue a wrongful death claim. Legal action can’t bring loved ones back, but it can help survivors recover compensation for their financial and emotional losses. A fatal car accident claim in North Carolina requires evidence, representation, and time-sensitive filings, which are demands that a lawyer can help you meet.

While you can pursue a wrongful death car accident settlement on your own, an attorney experienced in these cases will have a deeper understanding of the law, processes, and roadblocks. To help you navigate a fatal car accident claim, we’ve gathered information on who can file, how the process works, and what compensation may be available.

North Carolina law defines a wrongful death as a fatality caused by a wrongful act, neglect, or default of another, in which if the person had lived, they would have been entitled to seek damages. A wrongful death claim is a civil action, meaning it is brought by private parties against a person responsible for causing harm. This shouldn’t be confused with criminal charges, which are brought by the state. If there is an ongoing criminal case for drunk driving or recklessness, you can still pursue a civil claim against a person liable for a fatality.

Filing a wrongful death lawsuit can provide family members or loved ones who’ve lost emotional or financial support a means to recover. Claims may be initially filed with the at-fault party’s insurance provider. If that policy won’t cover your needs, you may be able to seek restitution through the deceased person’s insurer. When these options are inadequate, you may want to proceed with legal action against the at-fault driver.

Lawsuits for wrongful death generally involve four or five procedural steps:

1. Investigate: You must collect accident evidence, including the police report, citations, crash site photos, and other physical proof, to establish fault and satisfy the legal elements required to prove negligence.
2. Confirm the Statute of Limitations: A claim must be filed within two years of the person’s death, per NC General Statutes § 1-53(4); certain circumstances may change this timeline.
3. Appoint a Personal Representative: If the decedent didn’t have a will appointing an estate representative, loved ones may petition the court to have someone appointed to act on behalf of the beneficiaries.
4. Negotiate a Settlement: An attorney can help you draft and issue a demand letter outlining the compensation you’re seeking. They will also assist with negotiations if the other party refuses the demands.
5. Take the Case to Court, if Necessary: If the parties cannot resolve the claim out of court, the case will be decided by a judge or jury.

There’s no set award for a wrongful death car accident settlement. Claimants must use receipts, personal testimony, income statements, and other evidence to substantiate damages they claim. Losses may include funeral expenses, medical bills, and loss of income, as well as pain and suffering, loss of consortium, and other emotional impacts.

Several factors influence settlement amounts, including:

• The deceased person’s age and earning capacity
• The number of dependents and their needs
• Circumstances of the death
• Degree of fault
• Insurance coverage

A lawyer can advocate for families filing a wrongful death lawsuit, starting immediately after the incident. Having help allows people to grieve while their legal team handles the details. Car accident law firms have resources most people don’t. This means the accident will be investigated, reconstructed, and researched to ensure fault is clear and hard to refute. An attorney will handle paperwork and legal filings, plus negotiations with the at-fault party and their insurance provider. If necessary, they will initiate a lawsuit on your behalf.

Only the deceased’s personal representative (usually a close family member) may file a wrongful death lawsuit in North Carolina. The representative is responsible for filing the claim but isn’t entitled to the proceeds unless they are also an heir.

In North Carolina, fatal car accident claims must typically be filed within two years of the victim’s passing. Certain circumstances may “toll,” or pause, this timeline. These exceptions can be complex, so it’s best to speak to an attorney as soon as possible to understand important deadlines and protect your rights.

Claims against uninsured or underinsured motorists may be made under the deceased’s policy coverage, or a wrongful death lawsuit may be filed directly against the at-fault driver. If the other driver also died in the crash, their insurance may still be liable for damages.

Funds are distributed according to North Carolina’s intestate succession laws (spouse first, then children, and then parents).

A lawyer isn’t mandatory to file a wrongful death claim, but one can provide vital help during challenging times. They can take care of many tactical requirements to build a strong case and help you negotiate in your best interest.

Yes, wrongful death lawsuits are civil proceedings and independent of any criminal charges. The court proceedings from a criminal case may be helpful to support your claim if the driver is convicted of driving while impaired or another violation.

If you’ve lost a loved one in a fatal car accident in Raleigh or beyond, Miller Law Group is here for you. Contact us today for a free review—we’re ready to answer your questions and help you understand your next steps.