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Wrongful Death FAQs

Q: Who can bring a claim for wrongful death in North Carolina?

A: Under North Carolina law, only the personal representative or administrator of the estate of the deceased person can bring a claim for wrongful death. The clerk of court in the county where the deceased person resided at the time of death will issue Letters of Administration appointing the personal representative if designated by a will. If there is no will, the clerk of court will appoint a suitable person to serve as the estate administrator. Usually, this person is the surviving spouse or an adult child of the deceased.

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Q: How long do I have to bring a North Carolina wrongful death claim?

A: North Carolina has a two year statute of limitations for wrongful death claims. This means that a lawsuit must be filed within two years of the date of death.

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Q: Can I only bring a claim for wrongful death if the death was the result of an intentional act such as a crime?

A: No. You can bring a wrongful death claim in North Carolina for negligent acts as well as deliberate acts.

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Q: Does liability insurance cover wrongful death claims in North Carolina?

A: Yes. A wrongful death claim will be covered under any circumstances where the insurance policy would provide coverage for an injury such as automobile or homeowner’s insurance.

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Q: How much is my North Carolina wrongful death claim worth?

A: There are many factors that go into determining the value of a wrongful death claim including the conduct of the defendant, whether the deceased incurred any medical bills before passing away, whether the deceased had any pain and suffering before passing away, the relationship of the deceased with his/her remaining family members, and the available insurance for the claim.

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Client Reviews
Mike Malone was absolutely fabulous to work with. He represented my daughter in a case and we could not have been happier! He was upfront from the beginning about expectations, honest through out the case and above all.. caring! Even though I lived 2 hours away, he was more than willing to accommodate us in any way, even if it meant driving out of his way! Mike is one of the smartest lawyers you will find. I recommend him to everyone! I have known him now over 8 years and we still keep in touch. Thanks Mike. - Christy Smith
Mike Malone is the attorney for an estate wrongful death claim. Mike has helped me through every single step. Mike is intelligent, trustworthy and thorough, and responds quickly and personally to questions. I would highly recommend this firm to anyone who needs an attorney. Mike Malone has proven to work diligently to assist you in every way as well as make sure you understand what is happening. - Jason
Thank you Mike for doing an exceptional job. You were not only extremely professional but also kind,patient and understanding through an extremely difficult time. Thank you again. - Bryan
Mike is very sharp when it comes to understanding a case and how the legal system works. He also has integrity and a strong moral conviction which you won't always find when trying to find good legal counsel. - Camp Davis
Mike Malone was a pleasure to work with on a case involving negligence of another attorney in a real estate transaction. Mike was very eager to help us recover money lost in our case. Highly recommended! - Mariusz Stanczyk