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Statute of Limitations and Wrongful Death in North Carolina

If a loved one has been involved in an car accident that resulted in their passing you may know that your family’s claim for Wrongful Death arising from the car accident has a Statute of Limitations in North Carolina of two (2) years. However, you may not know how important it is to understand what exactly a statute of limitations does and what you need to do to protect your family after a car accident resulting in a death.

Understand North Carolina law, the estate of the deceased individual has a certain time limit in which a lawsuit can be filed. The same window of time applies to negotiating and resolving an estate claim for wrongful death with an out of court settlement.

Should the family or estate fail to properly preserve the statute of limitations by successfully negotiating the claim or filing the lawsuit within the permitted window of time the statute of limitations would run and the claim would be barred. If the claim is barred the estate can not recover for the death of the loved from the at-fault party or their insurance company.

It is important to realize that in order to protect your claim for relief, you are required by law to take certain actions within the time permitted by statute. For more information related to this topic, please visit our articles on the Statute of Limitations in North Carolina.


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