A surviving spouse may bring a wrongful death claim. If there is no surviving spouse, the children may bring the death claim. If there is not a surviving spouse or surviving children, the parents of the decedent may pursue the wrongful death claim. Absent a surviving spouse, surviving children, and surviving parents, the administrator of…
A wrongful death claim arises under North Carolina law when someone’s death is caused by another party’s wrongful act, neglect, or default, and the victim could have filed a personal injury claim had they survived. Who you can sue for your loved one’s wrongful death depends on who is responsible for their fatal injuries. A number of…
The exact amount of compensation available in a North Carolina wrongful death claim depends entirely on the specific facts of the case, including the overall financial and emotional impact of the loss. As each case is unique, there is no standard amount for a wrongful death settlement or verdict. North Carolina General Statute § 28A-18-2 lists…
North Carolina law imposes a two-year deadline for filing a wrongful death lawsuit in most cases, which generally expires two years from the date of death. Missing this deadline can permanently bar your right to recover compensation. As a practical matter, valuable evidence can be damaged or lost soon after a fatal accident. It’s crucial to…
The timeline for a wrongful death lawsuit can vary widely depending on the unique circumstances. Some cases may resolve in a matter of months through settlement negotiations, while others can take years to resolve. Various factors can affect the timeline, including: The complexity of the case The volume and quality of evidence The number of…
The only person who can file a wrongful death lawsuit under North Carolina law is the personal representative of the victim’s estate. This person is typically either named in the deceased’s will or appointed by the court. If a sibling serves as the personal representative, they may file a claim, but the nature of their relationship to…
Losing a loved one unexpectedly is overwhelming. You may be dealing with your grief while also trying to handle practical matters and make sense of what happened. You may have no idea what steps to take next. In this difficult time, the idea of pursuing a legal claim can feel like too much. An experienced…
In general terms, a wrongful death claim refers to a cause of action that may be brought by certain family members of a decedent whose death was precipitated by the wrongful conduct of another. The wrongful act that resulted in death may have been intentional, reckless, or negligent. In cases where a dangerous product caused…
Yes, even if the decedent never held a job, they may have contributed in some other way to the family. A good example of such a decedent is a housewife, who contributes services, guidance and nurturing to her family. These contributions are quantifiable as “pecuniary losses” in a wrongful death action.
Yes, in addition to the wrongful death, a decedent’s family may recover damages for the pain and suffering that the decedent endured prior to death.
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