Is Wrongful Death a Civil or Criminal Claim?

North Carolina treats wrongful death claims as a civil matter. Therefore, these claims go through the civil court system, not the criminal court system. Families that successfully file a wrongful death claim may receive financial support to cover the damages caused by a fatal accident, but the liable party will not face jail time or other penalties. 

You can learn more about these claims with a Raleigh wrongful death lawyer. An attorney can review your situation after a fatal accident and explain your legal options. 

Do You File a Civil or Criminal Claim for Wrongful Death?

You must file a civil claim if you lose a loved one and want to seek damages from the liable party. You cannot file a criminal wrongful death claim. 

Note that North Carolina only allows a personal representative of the deceased to file a wrongful death claim. Your loved one may have selected a personal representative in a legal document like a will. If your loved one did not select a representative, the court can select someone to perform this task. 

The Liable Party May Face Criminal Charges

While wrongful death is a civil, not criminal, claim, the party responsible for the loss of your loved one may still face charges in the criminal court system. Depending on the circumstances surrounding a fatal accident, the at-fault party could face charges for: 

• Involuntary manslaughter
• Voluntary manslaughter
• Murder

The civil and criminal court systems in North Carolina function separately. A successful verdict in one system does not guarantee success in the other, even for claims involving the same event. 

A Raleigh personal injury lawyer can provide more information about the court system and answer any other questions you have, like, “Is wrongful death civil or criminal?” 

Why Is Wrongful Death a Civil Claim?

Wrongful death claims go through the civil court system because they do not require a family to establish criminal intent in the loss of a loved one. Instead, they provide a chance for families to secure damages to cover the financial strain they experience after a deadly accident in situations that involve negligence. 

For example, your family may file a wrongful death claim after a fatal motor vehicle accident that did not involve intentional criminal behavior. 

Damages Available Through a Wrongful Death Claim

Your family may secure damages that can address the financial losses you experience after the loss of a loved one by filing a wrongful death claim. Depending on your situation, a claim may bring you funds for your loved one’s:

• Hospital and medical expenses
• Burial and funeral expenses
• Pain and suffering

The liable party may also have to provide funds to cover the loss of your loved one’s income, assistance, care, protection, and services. In some cases, you may receive damages for loss of:

• Advice
• Comfort
• Companionship
• Guidance
• Society 

In some rare cases, the court system may award punitive damages to your family. These damages serve to punish the liable party after a fatal accident. They are not available in all situations. 

Your lawyer can provide more information about damages available after the loss of a loved one and detailed answers about whether wrongful death is a civil or criminal claim. 

Do You Have to Go to Court After a Fatal Accident?

Your family may not need to file a civil lawsuit after the loss of a loved one in a deadly accident. Instead, your attorney may focus on securing damages for your losses through negotiations with the insurance company that represents the liable party. 

In fact, many legal claims resolve without going through the court system. Your attorney can discuss all the legal options available in your situation so you know what to expect throughout every step of the legal process. 

How Long Do You Have to File a Civil Wrongful Death Claim?

Typically, North Carolina only gives you two years to file a wrongful death claim in the civil court system. After two years, the statute of limitations that governs these claims will expire and remove your family’s chance to seek compensation. 

Fortunately, an attorney can quickly begin the legal process. You do not have to try to monitor upcoming deadlines on your own. Instead, you can rely on a professional lawyer to handle all of these challenges for you. 

Talk to Us About a Civil Wrongful Death Claim in North Carolina

So, is wrongful death a civil or criminal claim in North Carolina? Our state only allows you to file a wrongful death claim in the civil court system. If you need help handling legal matters after the loss of a loved one, you can turn to our team at the Whitley Law Firm.

We can provide the compassionate assistance you deserve after a fatal accident. We have more than 120 years of combined experience we can draw on to handle these claims. 

We’re ready to help your family find closure and the financial funds it needs to recover. Contact us now to learn more.