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Last Modified on Feb 11, 2026
Following the loss of a loved one due to another person’s negligence can leave a deep sense of confusion. You want answers, and you want justice. However, there are strict laws about who can file a wrongful death lawsuit in North Carolina. The court must appoint a representative to bring the action. A Charlotte wrongful death attorney can help you petition the court to become the representative and file a claim.
Damages You Can Pursue in a Wrongful Death Claim
If you’ve lost a loved one due to someone else’s negligence, know that there are certain damages you can receive in a wrongful death case. You can pursue damages for the medical expenses the deceased person incurred prior to their death, lost wages and benefits, burial and funeral costs, loss of companionship, and pain and suffering while they were still alive.
In cases of particularly egregious behavior, you can pursue punitive damages for the loss. A judge may award these damages to punish a defendant. Keep in mind, punitive damages can only be awarded in court and will not be included in a settlement offer from an insurance company.
Eligibility to File a Wrongful Death Claim
Unlike many other states, where spouses or qualified family members can initiate a case, only a representative of the deceased person’s estate can file a wrongful death claim in North Carolina. If a person dies without appointing a representative to their estate, an attorney can help you petition the court to become the representative. Keep in mind, any compensation recovered will be split among the eligible surviving family members, typically a spouse and surviving children.
Common Causes of Wrongful Deaths
In North Carolina, there were 2,047 deaths caused by unintentional injuries in the third quarter of 2025. If your loved one died due to someone’s negligence, your North Carolina wrongful death attorney can help you pursue damages. Common causes of wrongful deaths include:
- Accidentes de tráfico. 1,851 people died in car accidents in 2022, highlighting the danger of these crashes
- Pedestrian accidents. Pedestrians crossing at intersections are at particularly high risk of suffering fatal injuries in an accident.
- Bicycle accidents. Cyclists lack the same protections as drivers, increasing their chances of death in an accident.
- Negligencia médica. Misdiagnosis, failure to diagnose, and surgical mistakes are leading causes of wrongful deaths.
- Resbalones y caídas. Falls are a leading cause of wrongful death among older adults.
- Actos delictivos. Deaths caused by violent crimes can lead to wrongful death claims in addition to criminal cases.
Hire a Wrongful Death Lawyer
Losing a loved one suddenly because of another person’s negligence is devastating, but the abogados en Butler, Quinn & Hochman, PLLC are here to help you pursue compensation and justice for your loss. We know that no amount of money can replace your loved one, but we’re dedicated to helping you hold the responsible party accountable for their actions.
Our lawyers can assist you in petitioning the court to become the administrator of the deceased person’s estate. From there, we’ll help you investigate the accident, analyze evidence showing how another person’s negligence caused your loved one’s death, and argue for the damages you deserve. We know North Carolina’s wrongful death laws, and we put that knowledge to work for you. With our team, you gain the confidence you need to pursue a successful outcome.
Preguntas frecuentes
Who Is Eligible to File a Wrongful Death Claim Under North Carolina Law?
Under North Carolina Law, specifically N.C.G.S. § 28A-18-2, the responsible representative or an administrator of a dead person’s estate can file a wrongful death claim. Unlike in many other states, where any qualifying surviving family member can initiate a case, you must either be appointed as the estate’s representative by the deceased or petition the court for the designation. Your attorney can help you apply to become the administrator if necessary.
How Is Next of Kin Defined in a North Carolina Wrongful Death Case?
In a North Carolina wrongful death case, the next of kin is defined as the closest blood relative or adoptive relative of a deceased person. The law prioritizes spouses, children, parents, and siblings, in that order. These are the parties that could receive compensation in a wrongful death claim, particularly if there was no will or estate plan.
Can More Than One Family Member Share in a Wrongful Death Recovery in North Carolina?
More than one family member can share in compensation recovered in a wrongful death case. Under North Carolina’s intestate succession laws, surviving spouses and children often split the recovery evenly. If there are no spouses or children, then parents of the deceased can pursue damages, followed by siblings if there are no surviving parents.
What Happens If the Deceased Left No Immediate Family Eligible to File a Wrongful Death Claim?
If a deceased person has no immediate family eligible to file a wrongful death claim, the court-appointed representative of the estate can still pursue damages. In these cases, the claim would be filed on behalf of the estate or more distant surviving relatives, if applicable. This includes nieces, nephews, and anyone who may have been dependent upon the deceased person.
Speak to North Carolina Wrongful Death Lawyer
It’s never easy to lose a loved one due to someone else’s negligence. While you focus on grieving, allow an experienced attorney to focus on your case. Hire a wrongful death lawyer to help you become the administrator of the estate and file a claim for compensation. The team at Butler, Quinn & Hochman, PLLC is here to give you the compassionate and dedicated support you need during this difficult time.
Contacto Butler, Quinn & Hochman, PLLC today to schedule a free consultation. We’ll explain the process of becoming the administrator of the estate and filing a wrongful death claim. Our lawyers will be your trusted allies every step of the way, working hard to get you the justice you deserve. Let us boost your legal confidence by putting our knowledge and experience to work for you.
