If my family member was intentionally killed, do we still have any kind of wrongful death case? – North Carolina

Short Answer

Yes. In North Carolina, an intentional killing can still support a wrongful death claim, as long as the death was caused by another person’s wrongful act. The case is filed by the deceased person’s estate (through a court-appointed personal representative), and it must usually be filed within two years of the date of death. When the death was intentional, the facts may also support punitive damages, and North Carolina law can also prevent the killer from receiving any inheritance or death-related benefits.

Understanding the Problem

Under North Carolina wrongful death law, the decision point is whether an intentional killing can still be treated as a “wrongful act” that allows a civil claim for the death. The key roles are the deceased person’s personal representative (the person appointed to handle the estate) and the person or entity whose conduct caused the death. The practical trigger is the date of death, because it controls who can file and when the wrongful death lawsuit must be started.

Apply the Law

North Carolina allows a wrongful death claim when a person’s death is caused by another’s wrongful act. “Wrongful act” can include intentional conduct (not just accidents). The lawsuit is brought in civil court by the deceased person’s personal representative on behalf of the estate, and the recovery is generally distributed to the heirs under North Carolina’s wrongful death and estate rules. A separate but related issue is the “slayer” rule: if the person who caused the death is legally treated as a slayer, North Carolina law can bar that person from inheriting from the decedent or receiving certain death-related benefits.

Key Requirements

Proper plaintiff (standing): The wrongful death case is brought by the deceased person’s personal representative (estate representative), not by individual family members in their own names.
Causation by a wrongful act: The death must have been caused by another person’s wrongful act; intentional violence can qualify.
Timely filing: The lawsuit must usually be filed within two years of the date of death under North Carolina’s wrongful death limitations period.

What the Statutes Say

N.C. Gen. Stat. § 1-53(4) (Wrongful death statute of limitations) – 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 succession) – bars a “slayer” from inheriting from the decedent and treats the slayer as having died before the decedent for distribution purposes.
N.C. Gen. Stat. § 31A-3 (Definition of “slayer”) – defines who qualifies as a slayer, including certain criminal outcomes and, in some situations, a civil finding by a preponderance of the evidence under the statute’s timing rules.
N.C. Gen. Stat. § 1D-15 (Punitive damages standards) – allows punitive damages only when compensatory liability exists and an aggravating factor (like malice or willful or wanton conduct) is proven by clear and convincing evidence.

Analysis

Apply the Rule to the Facts: The facts describe an intentional killing and that the deceased left at least one child. An intentional killing can qualify as a wrongful act supporting a North Carolina wrongful death claim, assuming the evidence can connect the defendant’s conduct to the death. Because a child survived the deceased, the estate’s recovery is typically distributed to heirs under North Carolina law, and the “slayer” rules may matter if the killer is also someone who would otherwise inherit or receive death benefits.

Process & Timing

Who files: The personal representative of the deceased person’s estate. Where: Typically, the Clerk of Superior Court (to open the estate and appoint the personal representative) and then North Carolina Superior Court (to file the wrongful death lawsuit). What: Estate opening and appointment paperwork (letters) plus a civil complaint for wrongful death. When: The wrongful death lawsuit generally must be filed within two years from the date of death.
Investigation and coordination: The estate representative (often through counsel) gathers records, identifies potential defendants, and evaluates insurance and collectability issues. A criminal case can proceed at the same time, but the civil case still has its own deadlines.
Resolution: The case may resolve by settlement or trial. If there is a recovery, it is handled through the estate and distributed to the proper heirs, and the court may need to approve certain settlements depending on the circumstances (for example, when a minor child is involved).

Exceptions & Pitfalls

Wrong person filing: A common problem is a family member trying to file the case personally. In North Carolina, the personal representative must bring the wrongful death claim for the estate.
Waiting on the criminal case: A criminal prosecution does not automatically “pause” the civil statute of limitations. The civil case should be evaluated early so the two-year deadline is not missed.
Slayer issues and distribution: If the person who caused the death is also an heir or beneficiary, North Carolina’s slayer statute may prevent that person from receiving property or benefits connected to the death, and the distribution may be treated as if that person died before the decedent.

Conclusion

Yes—an intentional killing can still support a wrongful death case in North Carolina because wrongful death claims are based on a death caused by another person’s wrongful act, not only accidents. The claim must be brought by the estate’s personal representative, and it generally must be filed within two years of the date of death. The next step is to have the proper estate representative appointed and file the wrongful death lawsuit in time.

Talk to a Wrongful Death Attorney

If a family is dealing with a death caused by intentional violence and questions about whether a wrongful death case can still be filed, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. 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.