If you have lost a loved one due to someone else’s negligence in North Carolina, understanding your legal rights is a critical first step toward justice. This guide covers North Carolina’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. North Carolina provides no caps on general wrongful death claims but imposes a $712,847 cap on non-economic damages (CPI-adjusted triennially under NCGS § 90-21.19; effective January 1, 2026) in medical malpractice cases, making experienced legal guidance essential depending on the cause of death.
North Carolina Wrongful Death Laws
The North Carolina Wrongful Death Statute
North Carolina’s wrongful death law is governed by North Carolina General Statutes § 28A-18-2. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
North Carolina imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
North Carolina allows recovery for pecuniary loss, loss of companionship, mental anguish, and funeral expenses. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a $712,847 cap on non-economic damages (CPI-adjusted triennially under NCGS § 90-21.19; effective January 1, 2026).
Survival Action
North Carolina maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in North Carolina
1. Edwards Kirby, LLP
Location: Raleigh, NC (Serving statewide)
Phone: (919) 780-5400
Website: https://edwardskirby.com
A powerhouse trial firm known for record-breaking medical malpractice and catastrophic injury verdicts. Because NC caps medical malpractice non-economic damages at $712,847 (CPI-adjusted, effective Jan 1, 2026), Edwards Kirby meticulously builds the uncapped economic side of the case – proving massive lost future income and medical expenses to maximize total recovery.
2. Riddle & Brantley
Location: Goldsboro, Raleigh, NC (Multiple offices statewide)
Phone: (800) 525-7111
Website: https://justicecounts.com
A massive, highly resourced firm with a dedicated team for fatal auto, motorcycle, and commercial trucking accidents. Since general negligence claims have no caps in NC, they aggressively pursue maximum compensation for mental anguish and loss of companionship, with an in-house investigative team to immediately secure evidence.
3. Whitley Law Firm
Location: Raleigh, NC (Offices statewide)
Phone: (800) 785-5000
Website: https://whitleylawfirm.com
Known for the Whitley Advantage – providing deeply compassionate care while acting as aggressive litigators. They assist families with the probate process to get the Personal Representative appointed quickly and seamlessly run the wrongful death claim alongside the separate survival action.
Frequently Asked Questions
Are there caps on general wrongful death damages in North Carolina?
No. For wrongful death claims not involving medical malpractice – such as fatal auto accidents, trucking crashes, or premises liability – North Carolina imposes no caps on damages.
What is the medical malpractice non-economic cap in North Carolina?
North Carolina caps non-economic damages – pain and suffering, mental anguish, loss of companionship – at $712,847 (effective January 1, 2026, adjusted every 3 years by CPI) for most medical malpractice wrongful death claims. This cap does NOT apply when death or permanent injury resulted AND the defendant acted with reckless disregard, gross negligence, or malice – in those cases, non-economic damages are uncapped. Economic damages remain uncapped in all cases.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
North Carolina’s wrongful death framework requires different strategies depending on the cause of death. The firms listed above have the expertise to maximize recovery within North Carolina’s legal structure. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.