Skip to main content

North Carolina law

Wrongful Death Laws in North Carolina.

North Carolina's wrongful-death statute (N.C.G.S. § 28A-18-2) permits recovery by the personal representative on behalf of the estate. Damages include pre-death pain and suffering, medical and funeral expenses, loss of services and income, loss of society and companionship, and — distinctively — punitive damages in appropriate cases. The 2-year statute of limitations runs from the date of death. North Carolina's pure contributory negligence rule applies — even 1% plaintiff fault bars recovery.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of deathN.C.G.S. § 1-53(4)

Wrongful death actions must be filed within 2 years of the date of death.

State law

Key North Carolina Statutes

Wrongful Death ActN.C.G.S. § 28A-18-2

Action brought by the personal representative for the benefit of the estate's heirs/beneficiaries. Damages include pre-death pain and suffering; medical, hospital, and funeral expenses; loss of income; loss of society, companionship, services, protection, care, and assistance; and, if applicable, punitive damages. Recovery is NOT subject to the decedent's debts (except funeral, medical, and administration expenses).

Pure Contributory Negligence AppliesNorth Carolina common law

North Carolina's pure contributory negligence rule applies to wrongful death — if the decedent was 1% or more at fault, the claim is barred.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Carolina.

Next step

Move from state law into guided help or attorney search.

If you want help applying this information to your situation, start with guided help or browse attorneys for this issue in North Carolina.