Who is considered a “legal heir” for the purpose of filing a wrongful death suit?

In North Carolina, a “legal heir” is defined as a person who is legally entitled to bring a wrongful death suit. This person would be either the surviving spouse or child(ren) of the deceased, or if there is no surviving spouse or children, the surviving parents of the deceased. The representative of the estate of the deceased, such as an executor, administrator, or trustee, may also bring a wrongful death suit on behalf of the legal heirs. In the event that there are no surviving spouses, children, or parents of the deceased, the right to bring a wrongful death suit passes to the surviving brothers and sisters of the deceased, or to the descendants of the deceased’s brothers and sisters. If none of these individuals can be located, then the right to bring a wrongful death suit passes to the nearest living relative of the deceased. It is important to note that in North Carolina, a wrongful death suit must be brought within two years of the date of death of the deceased. This is a strict timeframe, and failure to file within this timeframe will result in the wrongful death suit being barred. As such, it is important for those who may be entitled to bring a wrongful death suit to act quickly in order to have the best chance of having their legal rights protected.

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Who is considered a “legal heir” for the purpose of filing a wrongful death suit?

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