You generally have two years from the date of death to file a wrongful death lawsuit in North Carolina. If you plan to sue for damages, it is imperative that you file a lawsuit before the two-year deadline passes.
After the loss of a loved one, it can be difficult to know how to proceed next. A Charlotte wrongful death lawyer can help you meet any filing deadlines and requirements, preserving your ability to recover damages.
A lawyer can also negotiate with insurance companies and push back against tactics they use to avoid paying.
Time Limit for Filing a Wrongful Death Lawsuit in North Carolina
North Carolina defines a wrongful death as any death caused by the negligence or willful misconduct of another person. According to NC General Statutes 1-53(4), you have no more than two years from the date of death to file a lawsuit for wrongful death.
Note that this timer starts counting from the date of death, which may be different from the date of the original injuring incident. For instance, if your loved one was in a car crash on June 1, 2025, and passed away from their injuries on September 1, 2025, the wrongful death filing deadline would be September 1, 2027.
This time limit applies to most types of wrongful death claims, including car accidents and premises liability. Note that this time limit is different from the general statute of limitations for personal injury, which is three years instead of two.
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Exceptions to North Carolina’s Wrongful Death Statute of Limitations
The general time limit for wrongful death lawsuits is two years, which starts on the date of death. But there are some exceptions that can change how long you have to file a wrongful death lawsuit in North Carolina.
In these cases, the timer may be paused for a period before it starts counting.
Discovery Rule
In many wrongful death cases, the cause of death is immediately obvious. However, for certain cases like medical malpractice, it may not be immediately obvious that the death was the result of negligence or wrongdoing.
In these cases, the two-year timer is paused until the negligent cause of death is discovered.
Claims Against the Government
The two-year general time limit applies to claims against government entities in North Carolina. However, you must first file a separate notice of claim against the relevant entities within six months of the death.
This is a separate process that is different from filing a claim or lawsuit.
Concealment or Fraud
If the offender intentionally used fraud or concealment to hide their negligence or wrongdoing, the statute of limitations doesn’t start counting until that fraud or concealment is discovered and revealed.
Criminal Acts
When the action leading to a wrongful death results in a criminal conviction, the two-year timer is paused until criminal proceedings are resolved. For example, if the offender was charged with homicide, the lawsuit timer won’t start until the criminal case is decided.
What Happens if I Miss the Filing Deadline?
The statute of limitations represents the absolute time limit for filing a wrongful death lawsuit. Once the deadline passes, your legal claim to financial damages becomes null and void. If you try to file a lawsuit after two years, the courts will summarily reject your claim, no matter the extent of your losses.
Two years seems like a long time, but it can take months or even years to build a strong wrongful death case. By starting as early as possible, it will be easier to gather evidence, and there’ll be a lower chance of payment delays or complications.
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Talk to a Wrongful Death Lawyer in Charlotte Today
It can be hard to know what to do when you lose a loved one. But time is of the essence, so you mustn’t delay. By contacting a lawyer as soon as possible, you can start building a claim and increase your odds of achieving a satisfactory outcome.
A wrongful death lawyer from DeMayo Law Offices can handle the entirety of filing a claim for you, from initial investigations to final negotiations. We can manage the difficult legal legwork, so you can prioritize rebuilding and moving forward with life.
Do you have more questions about how long you have to file a wrongful death lawsuit in North Carolina? If so, contact our offices online or call today to schedule a case consultation. Consultations are free, so there is nothing to lose by getting in touch.
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