What Is the Statute of Limitations for Wrongful Death Cases in North Carolina?
Losing a loved one is one of the hardest things anyone can go through—especially when their death could have been prevented. When someone dies because of another person’s careless or wrongful actions, their family may be able to file a wrongful death lawsuit.
However, North Carolina law only gives you a limited amount of time to take legal action. This time limit is known as the “statute of limitations.” Understanding how the statute of limitations works—and how it can affect your case—is an important first step in protecting your family’s rights.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline to file a lawsuit in court. If you try to file after this deadline has passed, the court will likely refuse to hear your case. That’s why it’s so important to know the time limit for your type of case and act quickly. Different legal claims have different deadlines.
For example, personal injury claims usually have one deadline, while wrongful death claims have another. The law also varies from state to state. In North Carolina, wrongful death lawsuits have their own specific rules and timeline.
The Statute of Limitations for Wrongful Death in North Carolina
In North Carolina, the statute of limitations for a wrongful death case is two years from the date of the person’s death. This means that the lawsuit must be filed in court within two years after your loved one passed away—not the date of the accident or injury that led to the death, but the actual date of death.
If you miss this two-year window, your case may be dismissed, and your family may lose the chance to get financial compensation. That’s why it’s so important to speak with a wrongful death attorney as soon as possible after a tragic loss.
Are There Any Exceptions to the Two-Year Deadline?
In some cases, there may be exceptions that affect how the statute of limitations applies. For example:
- If the wrongful death was caused by a criminal act, like murder or manslaughter, the criminal trial could impact the civil lawsuit’s timeline.
- If the person who would file the lawsuit is a minor, or if other special circumstances apply, the timeline may be extended in certain cases.
- In some rare situations, the “discovery rule” might apply—meaning the clock doesn’t start ticking until the family learns (or should have learned) that the death was caused by someone’s negligence.
These exceptions are not common, and they can be very complex. That’s why it’s important to talk to a lawyer quickly so they can review your specific situation and determine if any of these special rules might apply to your case.
Don’t Wait Until It’s Too Late
The two-year statute of limitations for wrongful death claims in North Carolina is strict. If you wait too long, your case could be thrown out, no matter how strong your evidence is.
If you believe your loved one died because of someone else’s careless or wrongful actions—whether it was a car crash, medical mistake, or unsafe product—it’s important to talk to a lawyer as soon as possible.
An experienced wrongful death attorney can help you understand your rights, meet important deadlines, and fight for the justice your loved one deserves.
Time Is Precious—Let Us Help You Protect It
Time matters when you’ve lost someone due to negligence or wrongdoing. The legal process can feel overwhelming, especially while grieving, but you don’t have to navigate it alone. Understanding your rights and taking action within the deadline is critical.
For more information, contact an experienced personal injury lawyer at Chandler Volta Personal Injury Lawyers to schedule a free consultation.
We proudly serve clients in Charlotte, NC, and its surrounding areas:
Chandler Volta Personal Injury Lawyers
1009 East Blvd Suite 110, Charlotte, NC 28203
(704) 980-9999