North Carolina law requires the personal representative of the victim’s estate to file the wrongful death claim on behalf of surviving family members. When damages are awarded, they are distributed according to North Carolina’s wrongful death law rather than becoming part of the estate. Priority is given first to the surviving spouse, then children, grandchildren, parents, and siblings. The amount each family member receives depends on which relatives survive the deceased. Stewart Law Offices can help navigate this process and ensure compensation reaches the right people.