Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A North Carolina family has two years from the death, which is shorter than the three years the injured person would have had.

Two years from death

All wrongful death actions are subject to a two-year statute of limitations that accrues on the date of death, which is shorter than the limitation period for personal injuries.

A repose limit

The same summary notes a limit of not more than 10 years from the defendant's last act giving rise to the cause of action; confirm how it applies to your case.

Compared with an injury claim

Most personal injury claims have three years under N.C.G.S. 1-52.

Medical malpractice

Malpractice generally must be filed within three years of the defendant's last act, with a four-year statute of repose, and wrongful death from malpractice carries the two-year death clock, so check both.

The State

A wrongful death claim against a State agency must be filed by the personal representative with the Industrial Commission within two years of the death.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how North Carolina's rules apply to your specific case with a licensed North Carolina attorney.