Jan262026
Wrongful Death

Can I file a wrongful death lawsuit if my family member was killed in a homicide? – North Carolina

Short Answer

Yes. In North Carolina, a homicide can support a civil wrongful death lawsuit, even if there is also a criminal case. The wrongful death claim must be filed by the decedent’s estate representative (not by individual family members directly), and it is usually subject to a two-year deadline measured from the date of death.

Understanding the Problem

In North Carolina wrongful death law, the key question is whether a civil lawsuit can be filed when a death was caused by an intentional act (a homicide), and who has the legal authority to bring that case. The actor is typically the decedent’s estate representative, and the relief sought is money damages for losses caused by the death. Timing often matters because the right to sue can expire if the case is not filed within the required period.

Apply the Law

North Carolina allows a wrongful death claim when a person’s death is caused by the wrongful act, neglect, or fault of another person, and the decedent could have brought a personal injury claim if they had lived. A homicide can qualify because an intentional killing is a “wrongful act” for civil purposes. The wrongful death case is brought in North Carolina Superior Court (typically in the county where the defendant lives or where the events occurred), and it must be filed within the applicable statute of limitations—commonly two years from the date of death.

Key Requirements

  • Proper plaintiff (who can file): The claim must be filed by the personal representative of the decedent’s estate (an executor named in a will or an administrator appointed by the Clerk of Superior Court).
  • Legally wrongful cause of death: The evidence must show the defendant’s wrongful conduct caused the death (an intentional act like a homicide can satisfy this requirement).
  • Timely filing and correct forum: The lawsuit must be filed in the proper North Carolina court before the deadline expires, and the defendant must be properly served.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the death resulted from a homicide, which is typically an intentional wrongful act that can support a North Carolina wrongful death claim. The lawsuit generally must be brought by the estate’s personal representative, so a family member usually needs to open an estate (or confirm an estate is open) and have the proper person appointed before filing. Because the goal is to sue the individual responsible, the civil case can proceed regardless of whether the criminal case is pending, but the civil case still must be filed on time.

Because the facts also mention a possible survival action, it is important to separate the two concepts: a wrongful death claim is for losses caused by the death, while a survival-type claim is for certain claims the decedent had before death that can continue through the estate. A litigation-focused attorney can evaluate which claims are available and how to plead them together in one civil lawsuit.

For additional background on how these claims differ in North Carolina, see the difference between a survival action and a wrongful death claim.

Process & Timing

  1. Who files: The personal representative of the estate. Where: the estate is opened with the Clerk of Superior Court in the county where the decedent lived (for appointment), and the civil lawsuit is filed in North Carolina Superior Court in the proper venue. What: an estate filing to obtain letters (letters testamentary or letters of administration) and then a civil complaint for wrongful death (and any related estate claims). When: the wrongful death lawsuit generally must be filed within two years from the date of death.
  2. Investigation and coordination: The civil case often requires gathering law enforcement records, medical records, and witness information. If a criminal case is pending, a civil attorney may also consider how that timeline affects discovery and scheduling, while still protecting the civil filing deadline.
  3. Service and litigation steps: After filing, the defendant must be properly served. The case then proceeds through pleadings, discovery, motions, and (if not resolved) trial, with timing that can vary by county and by whether related criminal proceedings are ongoing.

Exceptions & Pitfalls

  • Wrong person files: A common problem is trying to file in an individual family member’s name instead of through the estate’s personal representative.
  • Waiting on the criminal case: A criminal prosecution can take time, but it does not automatically extend the civil statute of limitations. The civil filing deadline still controls.
  • Collectability and insurance issues: Homicide-based civil claims may involve different practical issues than negligence cases (for example, whether there is insurance coverage or reachable assets). That does not change the right to file, but it can affect strategy and case evaluation.
  • Beneficiary complications: If the person responsible could otherwise inherit from the decedent, North Carolina’s “slayer” rules may affect distribution and require careful estate handling.

Conclusion

In North Carolina, a homicide can support a civil wrongful death lawsuit because an intentional killing can qualify as a wrongful act causing death. The claim must be brought by the decedent’s personal representative through the estate, and it is commonly subject to a two-year statute of limitations measured from the date of death. The most important next step is to have the proper estate representative appointed and file the wrongful death complaint in the correct North Carolina court before the two-year deadline expires.

Talk to a Wrongful Death Attorney

If a family is dealing with a death caused by a homicide and needs to understand whether a North Carolina wrongful death lawsuit (and any related estate claims) can be filed on time, our firm has experienced attorneys who can help explain the options and 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.

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.