What You Need To Know About a Wrongful Death Lawsuit in North Carolina

If you have been injured in an accident due to another party’s negligence, you can pursue a personal injury claim against them to receive compensation for your injuries and losses. But what happens if a victim dies after the accident? In this case, their loved ones can seek justice by filing a wrongful death lawsuit against the guilty party.

North Carolina’s law describes a wrongful death action as a case in which the victim’s death is caused by someone else’s fault, negligence, or wrongful acts. In such a situation, the family of the deceased can file for monetary compensation.

No compensation can indeed make up for the wrongful death of a loved one. Still, it can provide the victim’s family a sense of closure and financial security that the deceased would have provided otherwise.

At the Law Office of Jason E. Taylor P.C., we practice extensively in wrongful death claims. We have an experienced team of North Carolina and South Carolina wrongful death lawyers who can provide you with quality legal guidance and assistance. Our goal is to help our clients seek justice and make the entire claim filing process simple, smooth, and stress-free.

Many families don’t know how it works and its benefits when it comes to wrongful death claims. Therefore, we have created a guide to help you better understand wrongful death lawsuits in North Carolina and then proceed with your claim confidently.

How Wrongful Death Lawsuits Work

A wrongful death lawsuit in North Carolina is a civil case. This means that the defendant’s liability is limited to financial compensation. In other words, the liability is solely expressed in monetary damages and not imprisonment.

However, it is essential to understand that both civil and criminal cases in North Carolina are not mutually exclusive. Civil lawsuits can be filed in addition to an ongoing and corresponding criminal case. In such a situation, the criminal justice system can assign different penalties to the party at fault, such as fines and jail time.

Who Can File the Case?

A wrongful death claim can only be filed by the individual designated as the deceased’s personal representative.

For example, if the decedent had a will, the executor mentioned in the will is the personal representative. However, if the deceased did not have a will, the personal representative shall qualify as the estate administrator under the intestate succession laws.

Who are Wrongful Death Claim Beneficiaries?

Proceeds can be received only by those who qualify under the intestate succession laws. However, if the deceased had a will, the will’s beneficiaries qualify for the wrongful death lawsuit claim amount.

Requirements—What Do You Need to Prove?

In a wrongful death case, the plaintiff needs to prove two things to get compensated. These are:

  1. Prove that the other party is the cause-in-fact of the victim’s demise

Here, the plaintiff must provide adequate evidence that shows that the defendant is liable for the victim’s death.

  1. Prove proximate cause

This is slightly difficult to prove. The second requirement for pursuing a wrongful death claim focuses on proving proximate cause. Simply put, the plaintiff must prove that the victim’s death was a foreseeable result of the negligent party’s (defendant) action. Thus, the defendant should be held responsible.

Statute of Limitations for Filing a Wrongful Death Claim in North Carolina

If you wish to pursue a wrongful death claim in North Carolina, it should be filed within two years from the date of the victim’s death. If you fail to file a claim within this period, then the court may refuse to hear it all together, and you may not be compensated.

However, there are certain exceptions and situations where the statute of limitations can extend for a wrongful death case. Therefore, you should speak to our experienced wrongful death lawyer to determine how the statute of limitations applies to your case.

flowers in front of a casket after a wrongful death

Recoverable Damages in a Wrongful Death Claim

In legal terminology, damages refer to the monetary compensation that the plaintiff of a wrongful death claim receives. The possible recoverable damages in a wrongful death case include the following:

  • Funeral and burial expenses of the deceased.
  • Medical expenses (such as surgery, hospitalization, pharmacy, rehabilitation, or hospice care) incurred while the treatment for the injured victim (who has deceased now) was underway.
  • Compensation for the suffering and pain caused by the death of the victim.
  • Net income of the deceased
  • The present monetary value of the deceased to the beneficiaries.
  • Loss of the decedent’s services, care, companionship, protection, and guidance.

In some wrongful death cases, punitive damages may also be rewarded. Unlike monetary compensation, punitive damages are not intended to repay the plaintiff. The purpose of punitive damages is to punish the defendant’s conduct for their negligence that led to the victim’s death. Furthermore, it also warns similarly placed people in society that such behavior will not be tolerated.

So, if you have lost a loved one due to someone else’s negligence in North Carolina, then get in touch with us now.

At the Law Office of Jason E. Taylor P.C., our lawyers will review your case and determine whether or not your case can be filed in North Carolina as a wrongful death action and what your next steps should be.

Our team of North Carolina and South Carolina wrongful death lawyers have extensive experience in handling wrongful death lawsuits. We are here to stand up for the victims of negligence and help their families fight for justice.

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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