How long do I have to file a wrongful death lawsuit in NC?

You typically have 2 years from the date of death to file. This is shorter than most other personal injury claims, so don’t wait to speak with an attorney.

Who receives the money if we win a wrongful death case?

North Carolina law distributes compensation to surviving family members according to the state’s intestacy rules. This often includes spouses, children, or parents—depending on the family structure.

Is wrongful death compensation taxable?

Most of the damages—like pain and suffering, funeral costs, and lost support—are not taxable. Punitive damages might be. We can connect you with a tax advisor if needed.

Do I have to wait for a criminal case to finish first?

No. A civil wrongful death case can proceed while criminal charges (like DUI or manslaughter) are pending. In fact, waiting too long could mean missing your civil deadline.

What does it cost to hire a wrongful death attorney?

We handle these cases on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we recover compensation for your family. We also advance all case-related costs.

Wrongful Death Attorney – Seeking Justice for Fatal Accidents in NC

Losing a loved one because of someone else’s negligence is heartbreaking and life-altering. While no amount of money can undo the loss, a wrongful death claim can bring accountability and financial relief during a difficult time. As a Halifax wrongful death lawyer, Franklin L. Jones Jr. helps families pursue justice, handle the legal burdens, and recover the compensation they deserve.

We handle fatal accident cases across Halifax, Northampton, and neighboring communities, including I-95 collisions, local workplace incidents, and other tragic events where preventable loss occurred.

What Counts as a Wrongful Death in North Carolina?

Under North Carolina law, a wrongful death occurs when a person dies due to another’s negligence, recklessness, or intentional act. It’s essentially the type of personal injury claim your loved one could have filed if they had survived—now brought by the estate’s personal representative (usually a close family member).

If you’ve been appointed as the executor or administrator of the estate, we can walk you through the legal process and file the claim on your family’s behalf. We also assist families who need help getting a representative appointed in the first place.

What Incidents Can Lead to a Wrongful Death Claim?

We represent families in a range of fatal accident cases, including:

01

Car & Truck Crashes

Including distracted, reckless, or intoxicated drivers on roads like Highway 903 or I-95

02

Motorcycle Accidents

Often resulting in devastating injuries when other drivers fail to yield

03

Workplace Accidents

When a third party (not the employer) is responsible, such as a contractor or equipment manufacturer

04

Medical Negligence

In select cases involving gross errors, such as surgical mistakes or medication overdoses

05

Violent Crimes

Civil claims for damages following criminal acts like DUI homicide or assault

Every situation is unique. We’ll evaluate whether negligence or wrongdoing played a role and determine the best path forward.

What You Need to Prove in a Slip and Fall Case

Premises liability cases in North Carolina require proof of negligence. That means we must show:

A hazardous condition existed on the property
The owner or manager knew (or should have known) about it
They failed to correct it or warn you in time
The hazard directly caused your injury
You were on the property lawfully at the time

To prove your case, we gather evidence like photos, witness statements, surveillance footage, accident reports, and medical records. If necessary, we consult engineers or building code experts to support our arguments.

One of the biggest challenges in these cases is North Carolina’s contributory negligence rule. If you are found even 1% at fault for your own injury—say the insurance company argues you were “distracted” or “should have seen the hazard”—your claim could be barred entirely.

We’re prepared to challenge these tactics by showing:

The hazard wasn’t open and obvious
You had no reasonable way to avoid it
You were paying attention and acting responsibly

Do not assume you don’t have a case just because the property owner points the finger at you. We’ll give you a clear answer based on the facts.

FAQs – Premises Liability & Slip and Fall Injuries

How long do I have to file a wrongful death lawsuit in NC?
You typically have 2 years from the date of death to file. This is shorter than most other personal injury claims, so don’t wait to speak with an attorney.
Who receives the money if we win a wrongful death case?
North Carolina law distributes compensation to surviving family members according to the state’s intestacy rules. This often includes spouses, children, or parents—depending on the family structure.
Is wrongful death compensation taxable?
Most of the damages—like pain and suffering, funeral costs, and lost support—are not taxable. Punitive damages might be. We can connect you with a tax advisor if needed.
Do I have to wait for a criminal case to finish first?
No. A civil wrongful death case can proceed while criminal charges (like DUI or manslaughter) are pending. In fact, waiting too long could mean missing your civil deadline.
What does it cost to hire a wrongful death attorney?
We handle these cases on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we recover compensation for your family. We also advance all case-related costs.