Jan252026
Wrongful Death

How long do I have to file a wrongful death lawsuit after a fatal car crash? – North Carolina

Short Answer

In North Carolina, a wrongful death lawsuit generally must be filed within two years of the date of death. The case must be brought by the deceased person’s personal representative (the estate’s executor or administrator), not by family members in their own names. Because getting an estate opened and a personal representative appointed can take time, it is usually important to start the process well before the two-year deadline.

Understanding the Problem

In North Carolina wrongful death cases after a fatal car crash, the key question is: how much time exists to start the lawsuit in court before the claim is time-barred. The timing usually turns on the date of death and whether the claim must be filed in Superior Court as a civil lawsuit or in a different forum because a government entity is involved. Another practical issue is who has the legal authority to file, since North Carolina requires the claim to be brought through the deceased person’s estate.

Apply the Law

North Carolina sets a specific limitations period for wrongful death claims. In most fatal car crash cases, the deadline is two years from the date of death. The claim is filed by the deceased person’s personal representative (an executor named in a will or an administrator appointed by the Clerk of Superior Court). If the at-fault party is a State agency or employee and the claim falls under the State’s tort claims process, the filing deadline and forum can differ, and the claim may need to be filed with the North Carolina Industrial Commission.

Key Requirements

  • File within the wrongful death limitations period: In most cases, the lawsuit must be started within two years of the date of death.
  • Proper plaintiff (right person filing): The personal representative of the estate must bring the wrongful death claim, even though the recovery is for the benefit of statutory beneficiaries.
  • Correct forum and procedure: Most cases are filed in North Carolina Superior Court, but some claims involving the State must be filed with the Industrial Commission and follow different procedural rules.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the report is that a child was hit by a car and died at the scene. Under North Carolina law, the wrongful death filing clock generally starts on the date of death, and the lawsuit typically must be filed within two years of that date. Because the case must be filed by the child’s personal representative, a key early step is opening the estate and getting an executor/administrator appointed so the correct party can file before the deadline.

Process & Timing

  1. Who files: The estate’s personal representative (executor or administrator). Where: The estate is opened with the Clerk of Superior Court in the appropriate North Carolina county; the wrongful death lawsuit is typically filed in North Carolina Superior Court. What: Estate-opening paperwork to qualify the personal representative, then a civil complaint for wrongful death. When: The lawsuit generally must be filed within two years from the date of death.
  2. Investigation and insurance steps: The personal representative (often through counsel) gathers the crash report, witness information, medical/EMS records, and insurance coverage information, then evaluates liability and damages. These steps should happen early because they can take weeks or months.
  3. Filing and service: After filing, the defendant must be properly served under North Carolina civil rules. If a government entity is involved, additional procedural requirements and a different forum may apply, so identifying the correct defendant early matters.

Exceptions & Pitfalls

  • Wrong party files: A common problem is a parent or family member filing in an individual capacity instead of having the estate’s personal representative file. That can create avoidable delays and deadline risk.
  • Government-involved crashes: If the at-fault driver was acting for a State agency, the claim may need to be filed with the Industrial Commission and still has a two-year deadline under a different statute and process.
  • Waiting to open the estate: Even when liability seems clear, delays in appointing a personal representative can compress the time available to investigate, negotiate, and file before the statute runs.

Conclusion

After a fatal car crash in North Carolina, a wrongful death lawsuit generally must be filed within two years from the date of death, and the case must be brought by the deceased person’s personal representative. The most important next step is to open the estate and have an executor or administrator appointed by the Clerk of Superior Court so the proper party can file the lawsuit before the two-year deadline expires.

Talk to a Wrongful Death Attorney

If you’re dealing with a fatal car crash and questions about the two-year wrongful death deadline in North Carolina, our firm has experienced attorneys who can help explain the process, identify the right party to file, and protect the timeline. 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.

Category: Wrongful Death

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.