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A Death Somebody Caused

G.S. 28A-18-2 — the personal representative sues, and the recovery passes as in intestacy

In North Carolina, when a death is caused by a wrongful act, neglect or default of another that would have entitled the injured person to sue, the person or corporation that would have been liable is liable to an action brought by the personal representative or collector of the decedent, even where the act amounts to a felony.

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Not an asset of the estate. The recovery is not used to pay the decedent's debts or devises, except for burial expenses and reasonable hospital and medical expenses up to $4,500, which may not exceed 50% of the damages after attorneys' fees. The rest passes as the Intestate Succession Act provides.

  • Expenses for care, treatment and hospitalization from the injury.
  • Compensation for the decedent's pain and suffering, and reasonable funeral expenses.
  • The present monetary value of the decedent to those entitled to the recovery: expected net income, services, protection, care and assistance, and society, companionship, comfort, guidance and advice.
  • Punitive damages the decedent could have recovered, and punitive damages for causing the death through malice or willful or wanton conduct.
  • Nominal damages when the jury so finds.

Two years from the death. An action for damages for a death caused by the wrongful act, neglect or fault of another is brought within two years, and the cause of action does not accrue until the date of death.

The questionThe statute's answer
The questionWho filesThe statute's answerThe personal representative or collector of the decedent
The questionWho receives itThe statute's answerThose who take under the Intestate Succession Act, after the allowed expenses and fees
The questionHow longThe statute's answerTwo years, accruing on the date of death

Dying declarations as evidence, the clerk's approval of expense claims and deaths barred by a repose statute are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed North Carolina attorney.

Sources for this section (2)
  1. G.S. 28A-18-2 — Death by wrongful act of another; recovery not assets
  2. G.S. 1-53 — Two years

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • 2 yearsSuing for wrongful death · from the date of death

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