Losing a loved one in a car accident is every family’s worst nightmare. In North Carolina, thousands of families face this devastating reality each year. According to the North Carolina Division of Motor Vehicles, more than 1,600 people died in traffic crashes in 2022. While preliminary numbers show a slight decline since then, serious and fatal car accidents remain a major concern on our North Carolina roads.
In just the past few months, tragic car accidents have made headlines across the state — from a deadly crash on I-40 in Johnston County that shut down the interstate, to a speed-related car accident in which a teen died and two others were injured in Apex, North Carolina. Behind every statistic or news story is a grieving family, suddenly left without answers or financial security.
For those who have lost someone in a North Carolina car accident, understanding wrongful death claims can be an important step toward accountability and healing.
What Is a Wrongful Death Claim in North Carolina?
Under North Carolina General Statute § 28A-18-2, a wrongful death claim arises when a person’s death is caused by another’s wrongful act, neglect, or default. In simple terms, it allows a family to bring a civil claim to recover damages against the responsible party of a fatal accident, such as a car accident caused by a reckless, intoxicated, or aggressive driver.
This is different from criminal charges after a car wreck. For example, if a driver is arrested for impaired or reckless driving after a fatal crash, the state may prosecute them. A wrongful death claim is separate, filed in civil court, and focused on providing financial compensation and accountability for the family.
In North Carolina, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. Often, this is a surviving spouse, parent, or child, but the court must appoint someone to act on behalf of the estate. This rule helps ensure that any compensation recovered is properly distributed to the heirs.
While no lawsuit can replace a loved one, compensation can ease the financial strain and recognize the profound loss. Families may be entitled to recover:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Lost income and benefits the deceased would have provided
- Pain and suffering the deceased experienced before death
- Loss of companionship, guidance, and services to the surviving family
- Punitive damages in cases of willful or reckless conduct, such as drunk driving
These damages reflect both the economic and emotional toll that a fatal crash can take.
One of the most important things families need to know is that wrongful death claims in North Carolina must be filed within two years of the date of death. This is shorter than the three-year statute of limitations that typically applies to personal injury claims.
Because evidence in car accident cases — such as crash reports, witness statements, and vehicle data — can disappear quickly, it’s crucial for families to act as soon as possible.
Steps Families Should Take After a Fatal Crash
In the immediate aftermath of a tragic car accident, it can feel overwhelming to think about the future. Still, a few steps can help protect your rights:
- Obtain the crash report from law enforcement.
- Preserve medical records, funeral bills, and insurance paperwork.
- Identify the personal representative who can file on behalf of the estate.
- Consult a North Carolina car accident lawyer who can investigate the crash and guide you through the legal process.
These steps ensure that important evidence isn’t lost and that the family’s legal options remain open.
How an Attorney Can Help Families after a Wrongful Death Car Accident
Fatal car accidents often involve complex circumstances and require the expertise of an attorney. Multiple parties could be at fault, including another driver who caused the crash, an employer, if the driver was working at the time, a manufacturer, if a defective vehicle part played a role, or a municipality, if unsafe road conditions contributed.
Insurance coverage can also be a challenge, particularly in cases involving underinsured motorists or commercial policies. Sorting through these issues requires careful investigation and legal experience handling wrongful death car accident cases.
In addition to investigating the crash and determining fault, an experienced attorney can handle the probate process and legal filings, negotiate with insurance companies, and pursue a fair settlement or take the case to trial if necessary.
Perhaps most importantly, a compassionate legal team can ease the burden on grieving families, allowing them to focus on healing while their rights are protected.
Every fatal crash in North Carolina represents not just a number in a report, but a life cut short and a family left behind. While no amount of money can replace a loved one, a wrongful death claim provides a path toward accountability and financial support.
If you have lost a family member in a North Carolina car accident, knowing your rights is the first step. Speaking with an attorney as soon as possible can help ensure that your family’s future is protected. For more information or a free case consultation, contact the Whitley Law Firm online or call 1-800-785-5000.
