Under North Carolina law, only the personal representative of the victim’s estate may bring a wrongful death claim after a fatal drunk driving accident (N.C.G.S. § 28A-18-2). However, any compensation recovered through that claim may then be distributed to surviving family members according to North Carolina’s intestate succession laws.
A wrongful death claim can seek compensation such as:
- Medical expenses tied to the final injury
- The victim’s pain and suffering before their passing
- Funeral costs
- Loss of the victim’s income for dependents
- Loss of the victim’s services, protection, care, and assistance
- Loss of the victim’s companionship, comfort, and guidance
Because these cases often involve both criminal proceedings and complex insurance issues, it’s crucial to act quickly. An experienced attorney can help preserve evidence and protect the estate’s right to pursue justice after a tragic loss.
