Can my family bring a wrongful death lawsuit if our relative was intentionally shot by a romantic partner? – North Carolina

Short Answer

Yes, North Carolina law allows a wrongful death lawsuit when a person’s death is caused by another person’s wrongful act, including an intentional shooting. However, the claim is not filed by individual family members in their own names; it must be filed by the decedent’s personal representative (the estate’s executor or administrator). In most cases, the deadline is two years from the date of death, and the person who caused the death generally cannot benefit from the estate.

Understanding the Problem

In North Carolina, can a family pursue a wrongful death case when a romantic partner intentionally shoots and kills a loved one, and who has the legal authority to file the lawsuit? The key issue is whether the law treats an intentional shooting as a “wrongful act” that supports a civil wrongful death claim, and whether the proper party (the estate’s personal representative) can bring the case in the correct court within the required time limit.

Apply the Law

North Carolina’s wrongful death law allows a civil claim when a death is caused by another person’s wrongful act, neglect, or fault. Even if there is a criminal investigation or criminal charges, the civil wrongful death claim is a separate process. The lawsuit is typically filed in North Carolina Superior Court by the personal representative of the decedent’s estate, and it must usually be filed within two years of the date of death.

Key Requirements

Proper plaintiff (who can file): The wrongful death claim must be brought by the decedent’s personal representative (executor named in a will, or an administrator appointed through the Clerk of Superior Court if there is no will or no executor available).
Wrongful act causing death: The evidence must show the death was caused by another person’s wrongful conduct. An intentional shooting generally fits this requirement.
Timely filing: The lawsuit must be filed within the applicable statute of limitations, which is commonly two years from the date of death for wrongful death claims in North Carolina.

What the Statutes Say

N.C. Gen. Stat. § 1-53(4) (Wrongful death limitations period) – generally requires a wrongful death action to be filed within two years of the date of death.
N.C. Gen. Stat. § 31A-4 (Slayer barred from inheritance) – generally treats the person who unlawfully kills the decedent as having predeceased the decedent for inheritance purposes, preventing that person from receiving benefits from the estate.

Analysis

Apply the Rule to the Facts: The facts describe an intentional shooting by a romantic partner that caused immediate death, and there is a police report. An intentional shooting is a wrongful act that can support a North Carolina wrongful death claim. The main practical hurdle is that the lawsuit must be filed by the estate’s personal representative, not by individual relatives, and it must be filed within the two-year deadline measured from the date of death.

Because the alleged shooter is also a romantic partner, another key issue is whether that person would otherwise be an heir or beneficiary. North Carolina’s “slayer” rules generally prevent a person who unlawfully kills the decedent from benefiting from the decedent’s estate, which can matter when wrongful death proceeds are distributed through the estate process.

Process & Timing

Who files: The personal representative of the decedent’s estate. Where: The estate is opened with the Clerk of Superior Court in the county where the decedent lived (or as otherwise required by North Carolina venue rules), and the wrongful death lawsuit is typically filed in North Carolina Superior Court. What: A civil complaint for wrongful death filed by the personal representative. When: In most cases, the lawsuit must be filed within two years from the date of death.
Investigation and proof: The civil case usually relies on records such as the police report, medical examiner findings, witness statements, and any criminal case filings. The civil case can move forward even if the criminal case is pending, but timing and access to evidence can affect strategy.
Resolution: The case may resolve through settlement or trial. If there is a recovery, the personal representative handles the required court and estate steps to distribute funds to the proper beneficiaries under North Carolina law.

Exceptions & Pitfalls

Filing in the wrong name: A common mistake is trying to file the case as “the family” or as individual relatives. North Carolina generally requires the personal representative to file.
Waiting to see what happens in criminal court: A criminal case can take time, but the civil statute of limitations can still run. Preserving the civil deadline often matters even when criminal charges are expected.
Beneficiary and “slayer” issues: When the alleged wrongdoer is a spouse or partner who might otherwise inherit, the estate and distribution issues can become complicated. The estate may need court guidance to ensure the wrongdoer does not receive a benefit barred by law.

Conclusion

North Carolina law generally allows a wrongful death lawsuit when a person is intentionally killed, including by a romantic partner, but the claim must be filed by the decedent’s personal representative (not individual relatives). In most cases, the lawsuit must be filed within two years of the date of death. The next step is to have the appropriate person appointed as personal representative through the Clerk of Superior Court and then file the wrongful death complaint in the proper court before the two-year deadline.

Talk to a Wrongful Death Attorney

If a loved one was intentionally shot and the family is trying to understand whether a North Carolina wrongful death case can be brought and who must file it, our firm has experienced attorneys who can help explain options, evidence needs, 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.