What kind of lawyer should I look for to handle a civil lawsuit related to a homicide? – North Carolina

Short Answer

In North Carolina, a civil lawsuit after a homicide is usually handled by a wrongful death and civil litigation attorney who regularly files cases in Superior Court and understands how to prove an intentional act (not just negligence). The right fit is often a lawyer who can also coordinate with the estate process, because the claim is typically brought by the decedent’s personal representative, not individual family members. Time limits can be short, and many cases require early investigation even while a criminal case is pending.

Understanding the Problem

In North Carolina, can a personal representative bring a civil wrongful death and/or survival-type claim when a death was caused by an intentional act (a homicide), and what kind of attorney is best suited to file and litigate that case against the person responsible? The decision point is not whether a criminal case exists, but whether the civil case will be built and tried like an intentional-tort lawsuit (often with estate-related steps) rather than a typical negligence-based wrongful death case.

Apply the Law

North Carolina allows civil claims seeking damages when a person’s death is caused by another’s wrongful act. Even when the underlying conduct is intentional (such as an assault that results in death), the civil case still follows civil rules: the plaintiff must prove liability and damages under the civil standard of proof, and the case is typically filed in North Carolina Superior Court. In most situations, the lawsuit must be brought by the decedent’s personal representative (the person appointed through the estate process), and a key deadline is the two-year statute of limitations that generally applies to wrongful death claims.

Key Requirements

Proper plaintiff (standing): The claim is typically filed by the decedent’s personal representative (through an estate), not by individual relatives in their own names.
Liability theory that matches the facts: A homicide-based civil case often focuses on intentional torts (for example, assault/battery) and may involve punitive-damages issues, not just negligence concepts used in many accident cases.
File on time in the right forum: The case is usually filed in North Carolina Superior Court, and the wrongful death filing deadline is commonly two years from the date of death.

What the Statutes Say

N.C. Gen. Stat. § 1-53(4) (Wrongful death limitations period) – Sets a two-year limitations period for actions for damages on account of death caused by the wrongful act, neglect, or fault of another, accruing on the date of death.
N.C. Gen. Stat. § 1-22 (Death and certain limitation issues) – Addresses how certain surviving claims and limitation periods can be affected when a party dies, including actions by a personal representative.

Analysis

Apply the Rule to the Facts: The facts describe a planned civil case after a homicide, with a goal of filing a wrongful death and/or survival-type claim against the individual responsible. That points to a case that must be built around intentional conduct and litigated like a contested civil tort case, not a routine negligence claim. It also points to an estate-driven filing posture, because the personal representative is typically the proper plaintiff and must be ready to gather records, coordinate beneficiaries, and manage settlement approval issues that can arise in death cases.

Process & Timing

Who files: Usually the decedent’s personal representative. Where: North Carolina Superior Court in the appropriate county. What: A civil complaint alleging the appropriate civil causes of action and damages. When: Commonly within two years of the date of death for a wrongful death claim.
Early case-building: A litigation-focused wrongful death attorney typically starts investigation quickly (witnesses, law-enforcement records when available, medical and autopsy records, and damages documentation). The civil case may proceed on its own track even if a criminal case is pending, but timing and access to information can vary.
Litigation steps: Service of process, written discovery, depositions, motion practice, and (if not resolved) trial. In homicide-related civil cases, attorneys often plan for disputed facts and credibility issues from the start.

Exceptions & Pitfalls

Choosing the wrong “type” of practice: Some wrongful death practices are built around negligence cases (like vehicle collisions). A homicide-based civil case often needs a lawyer comfortable pleading and proving intentional torts, handling aggressive defense strategies, and taking a case to trial if needed.
Not having the right plaintiff in place: If the personal representative is not appointed (or the wrong party files), the case can face dismissal or costly delays. Estate timing can matter, so coordination with the clerk of superior court’s estate process is often part of the plan.
Waiting for the criminal case to “finish”: A criminal prosecution does not automatically extend civil deadlines. Evidence can also become harder to obtain with time, so investigation should start early even if the criminal case is ongoing.

Conclusion

For a North Carolina civil lawsuit arising from a homicide, the best fit is usually a wrongful death attorney with strong civil litigation experience, including intentional-tort cases, and comfort coordinating with the estate process because the personal representative typically brings the claim. The key threshold is having the proper plaintiff and a viable civil liability theory, and the key deadline is commonly two years from the date of death. The most important next step is to have the personal representative file a civil complaint in Superior Court before the limitations period expires.

Talk to a Wrongful Death Attorney

If you’re dealing with a potential civil wrongful death lawsuit after a homicide, our firm has experienced attorneys who can help explain the process, identify the right type of litigation counsel, and protect key timelines. 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.