How can my family pursue accountability if there is a criminal investigation happening at the same time? – North Carolina

Short Answer

In North Carolina, a family can often pursue civil accountability (a wrongful death claim) even while law enforcement and prosecutors pursue a criminal case. The civil case is separate, has different goals (financial accountability rather than punishment), and uses a lower burden of proof than a criminal prosecution. The key is protecting civil deadlines and evidence while coordinating carefully so the civil case does not interfere with the criminal investigation.

Understanding the Problem

When a death is being investigated as a homicide in North Carolina, the criminal case is handled by law enforcement and the District Attorney, and it can take months (or longer) before charges, trial, or a resolution. At the same time, the family may want to pursue a wrongful death case to seek civil accountability. The decision point is whether a wrongful death claim can move forward while a criminal investigation or prosecution is still pending, and what steps are needed to protect the civil case without disrupting the criminal process.

Apply the Law

In North Carolina, a wrongful death case is a civil lawsuit brought on behalf of the deceased person’s estate. It is separate from any criminal investigation or prosecution, and it can proceed on its own track. The civil case typically focuses on proving that a person’s wrongful act caused the death and on establishing legally recoverable damages. The criminal case focuses on whether the State can prove guilt beyond a reasonable doubt and, if so, impose criminal penalties.

Key Requirements

Proper party brings the claim: The wrongful death case is generally brought by the estate’s personal representative (not every family member individually), so the estate administration step matters early.
Wrongful conduct caused the death: The civil case must show that the death resulted from a wrongful act (which can overlap with the conduct being investigated criminally).
Damages and eligible beneficiaries are identified: The case must document losses recognized under North Carolina wrongful death law and address how any recovery is handled through the estate process.

What the Statutes Say

N.C. Gen. Stat. § 1-15.1 (Tolling for civil actions arising out of a criminal act after conviction/restitution) – In certain situations after a conviction with restitution, North Carolina law can toll (pause) applicable civil limitation periods for a time, subject to limits stated in the statute.
N.C. Gen. Stat. § 1-22 (Death before limitation expires; action by personal representative) – Addresses timing rules when a person entitled to sue dies before a limitation period expires and a personal representative brings the action.

Analysis

Apply the Rule to the Facts: The facts describe a murder-related matter with an ongoing criminal investigation and a family working with counsel to discuss details in North Carolina. A civil wrongful death claim can often be pursued in parallel, but it must be structured around (1) appointing the correct estate representative, (2) preserving evidence and documenting damages, and (3) managing timing and discovery so the civil case does not undermine the criminal process. Even when the family prefers to wait for criminal charges or a trial, civil deadlines can still matter, so counsel typically evaluates early filing and preservation steps.

Process & Timing

Who files: The estate’s personal representative. Where: North Carolina Superior Court (the proper county depends on the parties and events). What: A civil complaint for wrongful death and related filings; the estate representative’s authority is typically shown through estate paperwork. When: As soon as counsel can do so responsibly while still protecting key civil deadlines and evidence.
Coordination with the criminal case: The civil team usually tracks the criminal investigation, requests available public records when appropriate, and avoids steps that could be viewed as interfering with witnesses or evidence. If a civil lawsuit is filed while a criminal case is pending, the defense may seek to delay civil discovery, and courts sometimes manage scheduling to reduce unfairness or conflict.
Resolution paths: The civil case may resolve through settlement, court rulings, or trial. A criminal conviction can be important evidence in many situations, but a civil case does not always have to wait for a criminal outcome to move forward with preservation, investigation, and (when appropriate) filing.

Exceptions & Pitfalls

Waiting for “the criminal case to finish” can be risky: Criminal investigations can take a long time, and civil limitation periods may not automatically pause just because law enforcement is investigating.
Discovery conflicts and Fifth Amendment issues: If the suspected wrongdoer is also a criminal defendant, civil discovery can become complicated because the defendant may refuse to answer questions in the civil case to avoid self-incrimination.
Estate authority problems: Filing in the wrong name or before the correct personal representative is in place can create avoidable delays and motion practice. Early probate/estate planning steps often matter in wrongful death cases.
Evidence preservation gaps: Video, digital data, phone records, and witness memories can disappear quickly. A parallel civil track often focuses first on preservation and documentation, not public litigation tactics.

For more background on building a civil case alongside a homicide investigation, see what information and documents should be gathered before talking with the attorney about the murder case. For a related discussion of civil recovery categories in these cases, see what kinds of damages can be claimed in a wrongful death case related to a murder.

Conclusion

In North Carolina, a family can often pursue civil accountability through a wrongful death claim even while a criminal investigation or prosecution is ongoing. The civil case is separate from the criminal case, uses different proof standards, and focuses on damages and responsibility rather than punishment. The most important practical step is protecting civil deadlines and evidence while coordinating carefully with the criminal process. The next step is to have the estate’s personal representative work with counsel to evaluate limitation periods and file the appropriate civil action in the proper court before any deadline expires.

Talk to a Wrongful Death Attorney

If a criminal investigation is happening and the family also wants civil accountability for a death, our firm has experienced attorneys who can help explain options, preserve evidence, and track timelines while the criminal case moves forward. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.