Parker & Frey PLLC
Free Consultation 910-591-2551 Email

North Carolina's wrongful death statute explained

When a person in North Carolina has been killed due to the negligence or wrongful actions of another, the decedent's surviving family members may be able to pursue a wrongful death civil lawsuit against the person whose actions resulted in their loved one's death. The ability to do so rests in a specific state statute that provides what types of damages may be recovered.

According to North Carolina G.S. 28A-18-2, the representative of the deceased person's state may file such a lawsuit against the wrongful person if the deceased person would have been able to sue for personal injury if they had lived. The law indicates that such a civil suit can be filed even if a criminal case is pending.

Under the statute, there are multiple categories of damages that may be recovered through a wrongful death lawsuit. These include the medical expenses for any treatment received prior to the decedent's death, the pain and suffering experienced by the decedent, reasonable funeral expenses and lost expected net income. Other types of recoverable damages include the loss of protection dependents would have otherwise received, the loss of companionship a spouse would have enjoyed, punitive damages the decedent would have received if they had survived to file a personal injury lawsuit, punitive damages if the death was a result of intentional or wanton conduct and nominal damages.

A wrongful death lawsuit may provide a vehicle through which the decedent's family may recover compensation for the significant losses they have suffered due to their loved one's death. As with any other type of civil lawsuit, there are strict statutory deadlines for filing such a case. People do not need to wait for a criminal case to end in order to file their suit. They may want to consult with a personal injury attorney in order to make certain they file in time.

No Comments

Leave a comment
Comment Information
  • AV | Peer Review Rated
  • North carolina | Advocates for justice
  • North carolina | Bar Association
  • BBB Accredited Business
  • Board Certified Specialist North Carolina Bar
Email Us For A Response

Get A Free, No-Risk Consultation

Contact our North Carolina law firm by email or at 910-591-2551 to schedule a free consultation with a Fayetteville or Dunn attorney for worker's compensation, personal injury or Social Security Disability. We only get paid if you choose to retain us and we successfully recover compensation for you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Parker & Frey PLLC
600 West Cumberland Street
Dunn, NC 28334

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Dunn Law Office Map

Fayetteville Office
2919 Breezewood Ave
Suite 200B
Fayetteville, NC 28303

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Fayetteville Law Office Map

Clinton Office
110 E Main St.
Suite 101
Clinton, NC 28328

Toll Free: 800-231-8707
Phone: 910-591-2551
Fax: 910-892-0553
Map & Directions