Dec272025
Wrongful Death

Are there deadlines I should watch for before deciding whether to sign an engagement agreement and hire a lawyer? – North Carolina

Short Answer

Yes. In many North Carolina wrongful death matters, the biggest deadline is the statute of limitations, which is typically two years from the date of death, and the case must be brought by the estate’s personal representative (not just any family member). Waiting to sign a lawyer’s engagement agreement can also create practical problems, like lost evidence, delays in opening the estate, or an insurer moving the claim forward without a full record.

Understanding the Problem

In North Carolina, when a death leads to a potential wrongful death claim and an insurance claim, a common decision point is: can a family member wait for an insurance update before signing an engagement agreement, or can waiting cause a deadline to be missed? This question focuses on what time limits and early procedural requirements can affect the ability to pursue the claim, even while negotiations with an insurance company are ongoing.

Apply the Law

North Carolina law sets a firm outer deadline for filing many wrongful death lawsuits. Separately, North Carolina law also limits who has legal authority to bring (and usually to settle) a wrongful death claim: the estate’s personal representative (an executor named in a will, or an administrator appointed by the clerk of superior court if there is no will). Insurance discussions do not pause the court deadline, and informal statements like “that information is not required right now” usually do not extend statutory time limits.

Key Requirements

  • Right deadline: A wrongful death lawsuit must be filed before the statute of limitations expires (often measured from the date of death).
  • Right decision-maker: The claim generally must be brought by the decedent’s personal representative, which requires an estate appointment through the Clerk of Superior Court.
  • Right preservation steps: Key records and evidence should be requested and preserved early, because delays can make proof harder even if the lawsuit is still filed on time.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The potential matter involves a death and an insurance claim, with a relative negotiating directly with an insurer and delaying a decision on whether to retain counsel. Under North Carolina law, the core risk in waiting is that negotiations do not stop the two-year wrongful death filing deadline, and the person with legal authority to file is usually the estate’s personal representative, not simply the relative speaking with the insurer. If the estate has not been opened and a personal representative has not been appointed, that administrative step can take time and should be planned around the filing deadline.

Process & Timing

  1. Who files: The estate’s personal representative (executor/administrator). Where: Typically, the Clerk of Superior Court in the county where the estate is opened for the appointment, and the North Carolina Superior Court for any wrongful death lawsuit. What: Estate-opening and appointment paperwork to obtain letters (letters testamentary or letters of administration) and, if a lawsuit is filed, a civil complaint. When: Plan backward from the wrongful death statute of limitations (often two years from the date of death).
  2. Investigation and evidence preservation: Obtain and organize core records early (for example, crash reports or incident reports, medical records, death certificate, witness information, insurance policy and claim correspondence). Delays can lead to missing documents, unavailable witnesses, or incomplete information when the insurer requests proof.
  3. Negotiation vs. filing decision: Settlement talks may happen before a lawsuit, but if negotiations stall or the deadline approaches, filing may be necessary to preserve the claim. If the matter involves the State (or a State agency), the forum and filing method can change (for example, a filing with the Industrial Commission), and the two-year window can still control.

Exceptions & Pitfalls

  • Wrong forum for the defendant: Claims involving State agencies can have different filing requirements (often through the Industrial Commission), with their own deadlines that can be easy to miss.
  • Assuming a family member can sign and settle: Insurers often require the estate’s personal representative to sign releases and resolve liens. Delays in appointing the personal representative can slow or derail a settlement timeline.
  • Relying on informal statements about what is “required”: An adjuster’s request list is not the same as the legal requirements to preserve a claim. A “wait and see” approach can collide with court deadlines or evidence loss.
  • Hidden time bars: Some cases have additional “outside” limits (for example, certain product-related claims), so the two-year deadline is not always the only time pressure.

Conclusion

Yes—before deciding whether to sign an engagement agreement in a North Carolina wrongful death matter, the main deadline to watch is usually the two-year statute of limitations measured from the date of death, and the claim generally must be handled through the estate’s personal representative. Insurance negotiations do not normally stop that clock. A practical next step is to confirm the date of death and have the estate opened so a personal representative can be appointed well before the two-year filing deadline.

Talk to a Wrongful Death Attorney

If a death led to an insurance claim and negotiations are ongoing, an attorney can help identify the real filing deadlines, confirm who has authority to act for the estate, and keep the matter on track before time runs out. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.