Wrongful Death Claims Involving Adult Children

Kreger Brodish LLP | March 23, 2025 | Personal Injury Law

Have you lost your adult child to another party’s wrongful behavior? Depending on the circumstances, you may be entitled to pursue a wrongful death claim as the parent of an adult child. However, these claims are complicated, as only the personal representative of your child’s estate can pursue such a claim. As such, it’s a good idea to discuss your options with an experienced wrongful death lawyer in North Carolina. They can help you understand your rights and assert them on your behalf.

What Is a Wrongful Death Claim?

In North Carolina, a wrongful death claim arises when a person’s death occurs due to the wrongful act, neglect, or default of another party. Wrongful death claims arise under the same circumstances that would have given the decedent the right to pursue a personal injury claim had they survived their final injury or illness. Thus, a wrongful death claim constitutes, in part, a claim that the decedent can no longer bring themselves; instead, another party must pursue the wrongful death claim on the decedent’s behalf.

A wrongful death claim does not require a liable party to have committed a criminal act. Instead, negligent accidents like motor vehicle crashes or medical malpractice can also lead to wrongful death claims.

Can Parents File a Wrongful Death Claim for an Adult Child in North Carolina?

Under North Carolina law, only the personal representative (executor or administrator) of a decedent’s estate may file a wrongful death claim. North Carolina’s rule contrasts with the rule in other states, which allow surviving family members such as spouses, parents, adult children, or siblings to pursue wrongful death claims on behalf of their deceased family member.

If your child left a will, the person they named as executor can bring the wrongful death lawsuit on your family’s behalf. However, if your child did not leave a will, you or another family member can petition the court for an appointment as the administrator of your child’s estate. Thus, if you become the personal representative of your child’s estate, you can file your child’s wrongful death claim.

Who Can Recover Compensation?

Although the personal representative must file the wrongful death claim on behalf of your deceased adult child, they can recover compensation on behalf of your child’s surviving family members for the losses you have sustained. Family members who may have suffered losses compensable in a wrongful death claim include:

The decedent’s surviving spouse
The decedent’s surviving children
The decedent’s surviving parent(s)
The decedent’s other surviving dependent family members

Common Causes of Wrongful Death

Wrongful death cases can arise from the same accidents or incidents that lead to personal injury claims, such as:

Types of Damages Available in a Wrongful Death Claim

In a wrongful death case, you may have the right to recover compensation for various financial and personal losses that your family has sustained due to your child’s passing. Examples of compensation available in wrongful death claims include:

Final medical expenses incurred to treat your child’s final injury/illness
Reasonable funeral and burial expenses
Conscious pain and suffering your child experienced before their death
Loss of your child’s income and financial contributions to the family
Loss of your child’s services, protection, care, and assistance
Loss of your child’s society, companionship, comfort, and advice

In some cases, you may also receive an award of punitive damages in a wrongful death lawsuit filed after your child’s death. Punitive damages do not compensate for some loss your family has suffered. Instead, they punish the party or parties responsible for your child’s death for malicious, willful, or wanton conduct and deter others from engaging in similar conduct.

Time Limits: North Carolina’s Statute of Limitations

Under North Carolina’s statute of limitations on wrongful death claims, you have two years after the death of your adult child to file a wrongful death lawsuit against the party or parties responsible for their passing. Although two years may sound like plenty of time to bring your wrongful death claim, you can protect your legal rights by working with a wrongful death attorney to ensure you file your lawsuit on time. Otherwise, you may lose the opportunity to seek compensation and justice for your child’s passing if you file your lawsuit after the limitations period expires.

How Kreger Brodish Can Help

After the loss of an adult child due to another party’s negligence, the legal team at Kreger Brodish can help you pursue accountability and justice through a wrongful death claim by:

Thoroughly investigating your family’s case to recover evidence needed to prove the other party’s liability for your child’s death and your family’s losses
Documenting the financial and personal losses your family has sustained due to your child’s passing, including your child’s final medical expenses, funeral/burial costs, or the loss of your child’s income
Identifying liable parties and evaluating your legal options for pursuing claims against those parties
Helping you understand your rights and what to expect in the process of pursuing a wrongful death claim
Filing your claims against liable parties and pursuing a favorable settlement that provides your family the relief and justice you need
Taking your family’s case to court and trial, if necessary, to demand accountability for your child’s death
Never charging you a fee unless and until we secure justice on your family’s behalf

If your adult child has passed away and someone else is to blame, you may have the right to pursue financial recovery for your loss in a wrongful death claim. Contact Kreger Brodish today for a free, no-obligation consultation with a wrongful death claim lawyer to discuss your legal options.