Practice area · Wilmington, NC
A wrongful-death attorney in Wilmington for the family that has to handle the rest.
When a sudden loss is caused by someone else's negligence in North Carolina, the law gives your family only two years to file, and the claim has to be brought by a personal representative of the estate. I have handled wrongful-death claims under N.C. Gen. Stat. § 28A-18-2 for over 36 years. Consultation is free. No fee unless I win your case.
How I work wrongful-death cases
My job is to handle the legal claim while your family handles the rest.
A wrongful-death case in North Carolina starts before a lawsuit is filed. The estate has to be opened with the Clerk of Superior Court, and a personal representative has to be appointed. Under N.C. Gen. Stat. § 28A-18-2, only the personal representative has authority to bring the claim. I help the family work through that step at the same time the underlying investigation begins, because the two-year filing window does not pause while the paperwork moves.
Once the estate is open, my work is the same work I have done in personal-injury cases for over 41 years. I preserve the evidence quickly: police reports, medical records, scene photographs, witness statements, the at-fault driver's insurer's early communications. I retain the right experts for the case at hand: a treating physician for medical-malpractice or hospital-negligence claims, an accident reconstruction expert for fatal collisions. I prepare the demand. I negotiate with insurers directly. If the case has to be filed, I file it.
Contributory negligence is still the law in North Carolina, and it survives the decedent. If the defense can place even one percent of fault on your family member, the recovery can be barred. That is the central reason the investigation has to be careful and prompt. It is also the reason families call me after another firm has declined the case as too hard, or after the insurer has already called with a fast offer that does not begin to cover the full loss.
One of my wrongful-death cases involved a 37-year-old client with a mental disability who died of complications from pneumonia. After the recovery, a relative who had abandoned the decedent years before tried to claim a share. I moved for declaratory judgment and kept the late-claiming relative from receiving any of it. The court agreed with my position. The recovery went to the rightful heirs. That is the kind of protection a wrongful-death case sometimes requires; volume firms do not always do it.
Consultation is free. No fee unless I win your case. If I do not think the claim should be pursued, I will tell you that honestly the first time you and I speak.
— Robert L Armstrong
What this case depends on
Three NC procedural points that shape every wrongful-death claim.
North Carolina wrongful-death law is procedurally distinct from general personal injury. These are the three points families most often ask about on the first call, explained the way I would explain them on the phone.
Personal representative + estate
The wrongful-death claim belongs to the personal representative of the decedent's estate, not to a spouse, child, or sibling directly. The estate has to be opened with the Clerk of Superior Court and a representative appointed before suit can be filed. I help families work through this step alongside the investigation.
Damages under § 28A-18-2
Recoverable damages include funeral and burial expenses, medical bills tied to the fatal injury, the decedent's pain and suffering before death, lost income, lost services and care to the family, society and companionship, and punitive damages where the conduct was malicious, willful, or grossly reckless.
Two-year statute of limitations
North Carolina gives families only two years from the date of death to file, one year shorter than the standard 3-year personal-injury window. The clock does not pause while the estate is opened. Evidence and witness memory degrade quickly inside that window. Do not wait.
In their words
What families have said about being represented here.
“Mr. Armstrong was very helpful in my car accident. He makes sure you are getting the best help and what you need in every decision. I could not ask for a better lawyer than him and his staff. Thank you so much!”
“Robert handled my case in a prompt, professional manner. All dealings with his office were pleasant, courteous and expedient. Phone calls returned, questions answered, and results obtained quickly. Would recommend him without hesitation.”
“Bob guided me through the legal process with honesty, integrity and transparency, giving me great advice specific to my situation. I always felt very well taken care of, and highly recommend him! Stephanie, his assistant, is amazing as well.”
Past results are not a guarantee of future outcomes. Each case is unique. See more client reviews across Google and Avvo.
Common questions
Questions families ask first.
These are the questions that come up most often on the first call. Plain English, answered the way I would answer them on the phone. More common questions are in the FAQ hub.
Frequently asked questions
Who can file a wrongful-death claim in North Carolina?
Under N.C. Gen. Stat. § 28A-18-2, the wrongful-death claim is brought by the personal representative of the decedent's estate, not by a spouse, child, parent, or sibling acting directly. The estate is usually opened through the Clerk of Superior Court in the county where the decedent lived. Once a personal representative is appointed, that person has authority to pursue the claim on behalf of the family. I help families navigate this step at the same time the case investigation begins.
How long do I have to file? When does the two-year clock start?
North Carolina gives families two years from the date of death to file a wrongful-death claim. That is one year shorter than the standard 3-year personal-injury window, which catches many families by surprise. The clock generally starts on the date of death, not the date of the underlying accident. Evidence, medical records, and witness memory all degrade quickly inside that window. Do not wait until the deadline is near; the consultation is free, and the investigation needs time.
What is a personal representative, and how is one appointed?
A personal representative is the person, sometimes called the executor or administrator, appointed by the Clerk of Superior Court to handle the decedent's estate. If the decedent left a will, the will usually names the executor. If there was no will, the Clerk appoints an administrator following the priority list in NC law (typically the surviving spouse first, then adult children, then other relatives). The personal representative is the only one with legal authority to file the wrongful-death lawsuit. Opening the estate is one of the first things my firm helps with at the start of a case.
What damages can my family recover in a NC wrongful-death case?
N.C. Gen. Stat. § 28A-18-2 sets out the categories. They include funeral and burial expenses; the medical, hospital, and nursing expenses related to the injury that caused death; the pain and suffering the decedent experienced before death; lost net income; lost services, protection, care, and assistance to the family; society, companionship, comfort, guidance, and advice; and punitive damages where the at-fault conduct was malicious, willful, or grossly reckless.
Does contributory negligence apply to wrongful-death cases?
Yes. North Carolina is one of only four states that still follows contributory negligence, and the rule survives the decedent. If the defense can show the decedent was even 1% at fault for the accident that caused death, the recovery can be barred entirely. That is exactly why the investigation has to begin quickly and the case has to be built carefully. I have handled contributory-negligence defenses in fatal-accident cases for over 36 years.
What will it cost my family to hire you?
Nothing upfront. The fee is contingent. There is no fee unless I win the case. My firm advances the costs of investigation, expert witnesses, depositions, and filing, and is reimbursed from the recovery if there is one. If there is not, your family owes no fee. The consultation is free. Tell me what happened, and I will tell you honestly whether I think you have a claim.
Related work
When a wrongful-death case overlaps with another practice area.
Many of the wrongful-death cases I handle begin as a different practice area: a fatal collision falls under car accidents or truck accidents; a fatal head injury runs through the brain injury playbook; a fatal cord injury through spinal cord injury; a fatal fall at a hotel or rental property runs through premises liability. The NC contributory negligence rule applies across the whole personal-injury practice, and reading on settlement values or the catastrophic injuries cluster may help you understand what a case like yours can recover. The long-form about page covers the practice in more depth.
When you're ready to talk, the call is free.
I know the timing is hard. There is no pressure and no fee unless I win your case. Tell me what happened. I will tell you honestly whether I think your family has a claim, and what NC law makes possible.
Contingency-fee representation. Free consultation.